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)
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...
942 _n0
999 _c73195
_d73195