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

Three in a row for Lancaster accountants at national awards The Team At Ics Celebrating Their Win

Three in a row for Lancaster accountants at national awards

15 Oct 2026

2

Victorian Plumbing records 11 per cent revenue increase Victorian Plumbing staff

Victorian Plumbing records 11 per cent revenue increase

15 Oct 2026

3

Preparation matters for MTD changes Bilal Piperdy

Preparation matters for MTD changes

15 Oct 2026

4

Training for scheme to boost number of women in technology Aerial photo of Lancaster University Campus

Training for scheme to boost number of women in technology

15 Oct 2026

5

Warden wins contract for Manchester Christmas Markets Warden Three Year Christmas Markets Resized

Warden wins contract for Manchester Christmas Markets

14 Oct 2026

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
Sub36 Awards 2026
Sub36 WW Logo720 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 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Building Brands (and workplaces) That Are Accessible For Everyone
Wyqfi3-wowjag-heczop.jpg.jpg 16 Oct 2026

Building Brands (and workplaces) That Are Accessible For Everyone

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:30 - 16:00

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC
Lancaster And Morecambe Logo 1 16 Oct 2026

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 14:00

St Catherine's Skydive, October
Skydive 17 Oct 2026

St Catherine's Skydive, October

Black Knight Parachute Centre, Lancaster, LA2 0DY

09:00 - 17:00

Commercial Planning Application workshop
Commercial Planning Workshop 20 Oct 2026

Commercial Planning Application workshop

Online, Accrington , BB5 0PF

12:00 - 13:00

Mock Tribunal - step inside an employment tribunal… without the risk
LBV Website Events GraphicMock Tribunal 21 Oct 2026

Mock Tribunal - step inside an employment tribunal… without the risk

Online, Preston, PR1 3JD

09:30 - 12:30

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it
Lancaster And Morecambe Logo 1 21 Oct 2026

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Preston Freelancer Meet-Up: October
Freelance Meet Up 22 Oct 2026

Preston Freelancer Meet-Up: October

Society1, 9-10 Cross Street, Preston, PR1 3LT

10:00 - 12:00

North West Business Expo
LBV Website Events GraphicBusiness Expo 1 23 Oct 2026

North West Business Expo

Toughsheet Stadium , Bolton, BL6 6JW

09:00 - 15:00

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin