| 000 | 01606cam a2200217 4500 | ||
|---|---|---|---|
| 001 | ABS66864 | ||
| 008 | 030808n2003 000 0 eng u | ||
| 035 | _a(Sirsi) u123243 | ||
| 100 | _aBrewer, G. | ||
| 245 | 4 | _aThe phoenix syndrome - the liability of directors | |
| 260 | _c2003 | ||
| 490 |
_aCivil Engineering Surveyor _vJuly/August 2003, 21(1) |
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| 520 | _aLooks at the phenomenon of the 'phoenix syndrome' where a limited liability company is put into liquidation to avoid its debts and then, almost immediately after, a new company is formed in the same business. It then continues trading in the same vein as the old. In "Archer Structures Ltd v Griffiths" ([2003] EWHC 957 (Ch), upreported) whilst one company was being wound up, an identical company was started with only a slight change of name by Mr Griffiths (G). A year later, Archer Structures (A) began a claim against the phoenix firm for unpaid debts. A won but G did not pay and the second company was also wound up. A claimed G was in breach of the Insolvency Act 1986, claiming M P J Contractors Ltd was a similar name to M P J Construction Ltd. G argued the two company names were not similar, which was rejected. G was ruled personally liable for the company debts. View judgment at www.bailii.org. | ||
| 590 | _aABS | ||
| 650 | _aINSOLVENCY ACT 1986 | ||
| 650 | _aARCHER STRUCTURES LTD V GRIFFITHS | ||
| 650 | _aCOMPANY LAW | ||
| 690 | _aBUILDING AND CONSTRUCTION-CASE LAW | ||
| 856 |
_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2003/957.html _zView judgment on the Bailii website... |
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| 942 | _n0 | ||
| 999 |
_c73195 _d73195 |
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