Irwin Mitchell Successfully Obtains Judgment Against Former Director
Insolvency experts at national law firm Irwin Mitchell acting on behalf of the Liquidators at Access Flooring Services (Special Works) Limited, have successfully obtained a judgment against a former director.
Liquidators at Kreston Reeves LLP were appointed in 2013 and have been investigating transactions made through the company’s bank accounts before it was placed into Administration.
Alexander Wild from Irwin Mitchell’s Restructuring and Insolvency team in London has been working alongside the Liquidators, Andrew Tate and James Hopkirk, on the case.
The recent judgment is against former Director, Alan Pither, and associated companies (The Respondents). The decision means that the Respondents are liable to pay a substantial sum to the Liquidator by way of damages, along with interest from the date of liquidation, and costs.
The Court found that the respondents were guilty of diverting large sums of money from the company in the years preceding administration and were unable to explain or evidence that the payments were made in good faith and in pursuance of the company’s business.
The judge in the case was particularly critical of the Respondents' record keeping which meant that neither the parties nor the Court were able to effectively substantiate the accuracy of the transactions. The Respondents were not entitled to rely upon the lack of available books and records or the delay since the company's liquidation in defence of the Liquidators’ claims.
Irwin Mitchell was recently named as the third most active litigation firm in the UK courts in 2018 by The Lawyer magazine.