Liability for "misfeasant trading" - guidance from the latest BHS judgment

Following the judgment of the High Court in June 2024 finding two former directors of BHS liable for (amongst other things) wrongful trading and breaches of their directors' duties to creditors in the prelude to the insolvency of the BHS group[1], Mr.

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, A&O Shearman, High Court of Justice (England & Wales)
Authors:
Nick Charlwood , Joel Ferguson , Katrina Buckley , Christopher Poel
Location:
United Kingdom
Firm:
A&O Shearman
BHS - Wrongful and misfeasant trading - what directors need to know

In this alert, we consider the implications from the recent High Court judgment finding two former directors of BHS liable for various heads of wrongdoing, including wrongful trading and "misfeasant trading".

What Directors need to know

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, A&O Shearman, Companies Act 2006 (UK), High Court of Justice (England & Wales)
Authors:
Nick Charlwood , Joel Ferguson , Katrina Buckley
Location:
United Kingdom
Firm:
A&O Shearman