When can a managing director be held personally liable in Hungarian liquidation proceedings—and when does the law allow the burden of proof to flip, making a creditor’s case dramatically easier to prove? This case shows that the answer depends not only on the director’s conduct, but on choosing the right legal basis in the statement of claim.
1. Facts
The defendant was the manager of the debtor (who has gone into liquidation) with independent representation rights and its sole member.
In Webb and another (as liquidators of Eversholt Rail (365) Limited (in liquidation)) v Eversholt Rail Limited and another [2026] EWHC 101 (Ch), the High Court dismissed the liquidators’ appeal against a decision not to allow their extensive application for the production of documents under s.235 and s.236 of the Insolvency Act 1986 (IA 1986). The application had sought to reconstitute a special purpose company’s full corporate knowledge in circumstances where it had held no documents of its own.
Maintaining a Business Account
In Serbia, maintaining at least one business bank account is not merely a practical necessity for businesses - it is a legal obligation.
On 11 December 2025, the National Assembly of Vietnam passed Law No. 142/2025/QH15 onRecovery and Bankruptcy (the Law on Bankruptcy 2025), marking a significant overhaulof the country's insolvency framework. The new legislation, which will take effect from1 March 2026, repeals and replaces Law No. 51/2014/QH13 on Bankruptcy (the Law onBankruptcy 2014).The Law on Bankruptcy 2025 introduces comprehensive reforms aimed at addressinglongstanding criticisms of the 2014 regime, which was widely viewed as procedurallycumbersome and slow to resolve distressed businesses.
The process of company liquidation involves a series of legal and administrative steps aimed at terminating the company’s legal personality, assessing its assets, and settling its liabilities. This process is conducted according to the following stages:
I. Primary Stages of Liquidation
Issuance of the Dissolution Resolution: The process begins with an official resolution to dissolve and liquidate the company, whether it is a voluntary resolution by the General Assembly (partners) or a judicial ruling issued by the competent court.
Our specialists explain what director disqualification is, the consequences of it and the Insolvency Service’s investigations into a director’s conduct of an insolvent company.
Company directors have legal duties and responsibilities when dealing with the affairs of a company.
Introduction
Une question pratique récurrente dans les procédures d’insolvabilité concerne la manière dont le créancier peut prouver qu’une facture a bien été communiquée au débiteur. Dans une décision récente, le tribunal hongrois a examiné si des captures d’écran tirées d’un système de facturation électronique suffisent à prouver la remise et la prise de connaissance d’une facture, en l’absence de preuve postale traditionnelle. Dans notre article, nous analysons cette décision.
1. Faits de l’affaire
The Supreme Court of New South Wales has clarified the circumstances in which a liquidator may recover deposit funds paid to a third party and the extent to which a counterparty may rely on the good-faith defence under section 588FG of the Corporations Act 2001 (Cth).
It is a recurring practical issue in insolvency proceedings how the creditor may prove that an invoice was duly communicated to the debtor. In a recent decision, the Hungarian court examined if screenshots taken from an electronic invoicing system suffice to prove delivery and awareness of an invoice, in the absence of traditional postal proof. In our article we analyse the decision.
1. Facts of the case