U turn if you want to – CIGA is for turning

By Brabners LLP

23 Dec 2020

pexels-peter-spencer-813362.jpg

I recently wrote a blog on the return of wrongful trading pursuant to the provisions of section 214 of the Insolvency Act 1986 (“IA 1986”).

In summary, a director may be guilty of wrongful trading where they “knew or ought to have concluded that there was no reasonable prospect that the company would avoid going into insolvent liquidation”.

The Corporate Insolvency and Governance Act 2020 (CIGA) is a fickle beast and has once again changed its spots. From 26 November 2020, the moratorium (s. 12 CIGA) on wrongful trading action will be revived and will remain in place until 30 April 2021.

It is unusual that there has been a pause between the previous moratorium ending and this new one beginning and it was explained in a memorandum that prolongation was not possible as the original moratorium had already ended. This means the new moratorium will not have retrospective effect and thus assessment of wrongful trading must focus solely on events occurring before 1 March 2020 (when the original mortarium came into force) and between the period 1 October 2020 and 26 November 2020 (between the original moratorium ending and the new starting).

Despite this peculiarity, the return of the moratorium is generally well received and will allow breathing space for directors of companies in distress.

If you are concerned about your business and need insolvency advice, please contact me or a member of our  Insolvency Team.

Latest news

1

Putting people first: Rethinking approaches to people management 031225 John Mackey 6

Putting people first: Rethinking approaches to people management

07 Aug 2026

2

Regional journalist joins Freshfield PR team George Hodgson

Regional journalist joins Freshfield PR team

07 Aug 2026

3

Plans unveiled for £30m transformation of country estate Gisburne Estate

Plans unveiled for £30m transformation of country estate

07 Aug 2026

4

Fast-growing competition firm hires compliance expert Elite

Fast-growing competition firm hires compliance expert

07 Aug 2026

5

Lucky 13 for James Hall & Co in Great Taste Awards Great Taste Awards 2026 - James Hall & Co. Ltd.jpg.jpg

Lucky 13 for James Hall & Co in Great Taste Awards

06 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720
Networking
24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Morecambe Bay Walk
Morecambe-25-web-gallery4.jpg.jpg
LBV Hub Fundraisers
08 Aug 2026

Morecambe Bay Walk

Arnside, Carnforth, LA5 0HD

13:00 - 18:00

The Ultimate Network
Lancaster And Morecambe Logo
LBV Hub Networking
13 Aug 2026

The Ultimate Network

Garner Hotel , Preston, PR5 0UL

16:00 - 18:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg
LBV Hub Networking
11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin