Morphites v Bernasconi
Encyclopedia
Morphitis v Bernasconi [2003] EWCA Civ 289 is a UK insolvency law
and company law case, concerning fraudulent trading
.
under IA 1986 s 213.
UK insolvency law
United Kingdom insolvency law deals with the insolvency of firms and individuals in the United Kingdom. The important statutes are the Insolvency Act 1986, as amended by the Enterprise Act 2002, as well as the Company Director Disqualification Act 1986 and the Companies Act 2006.Insolvency is a...
and company law case, concerning fraudulent trading
Fraudulent trading
Fraudulent trading is an insolvency law concept, and in particular a UK insolvency law concept. It refers to a company that has carried on business with intent to defraud creditors.-Law:...
.
Facts
TMC Transport (UK) Ltd’s former directors were Mr Bernasconi and Mr Monti. Mr Morphitis was the liquidator. They hired a group of solicitors who advised that the Insolvency Act 1986 rules on trading while insolvent could be circumvented by setting up a new company, resigning, and transferring the assets but not the liabilities there. The case turned on whether knowingly failing to pay a final instalment to their landlord was enough to constitute fraudulent tradingFraudulent trading
Fraudulent trading is an insolvency law concept, and in particular a UK insolvency law concept. It refers to a company that has carried on business with intent to defraud creditors.-Law:...
under IA 1986 s 213.