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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Was the claim against the company or the owner of the company please?
Thanks. From what you say that company has been wound up?
Thanks. Unfortunately a judgement against the company is not the same as a judgement against the director or shareholder(s) as you will be aware and there is no basis to make a claim against the new company he has set up on the basis of the judgement against the old one subject as follows:
There is however a significant caveat to the above.
If you can show that one or more directors is trading fraudulently in order to defraud creditors (e.g. you and or HMRC). If you can show this, particulalry that they traded through the company knowing the company to be insolvent, it is possible to establish a claim against the director personally under the Insolvency Act. However this can be difficult to prove. However in any event a claim is not possible against a new company that he has established.
Is there anything above I can clarify for you?
The issue is that companies have their own legal identity so company liabilities are not the same as the owner of the company's liabilities. In order to hold a director liable you must show that they are using the company for the purposes of fraud or that they are knowingly trading whilst insolvent. In these circumstances a director can be held personally liable potentially.
Is there anything above I can clarify for you any further?
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