Jurisdiction(s):
United Kingdom

Claims against directors: 2026 decisions on limitation for conversion of assets, CA 2006 s 44 good faith, Duomatic ratification, and personal liability for fraud, conspiracy and tracing (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note distils cases pertinent to claims against directors. It illustrates the wide spectrum of actions and questions that may surface in director-focused proceedings, with an emphasis on decisions from February 2026 onwards. For digests of rulings before 2026, see Practice Note: Claims against directors—key and illustrative decisions [Archived]. For guidance on the principal heads of claim relevant to director disputes, and the practical points worth addressing at the outset of any claim against a director, see Practice Note: Claims against directors—key considerations for dispute resolution practitioners.

Case details and analysis

Court of Appeal: South Bank Hotel Management Company Limited v Galliard Hotels [2026] EWCA Civ 56 — News Analysis: Conversion under section 21(1)(b) of the Limitation Act 1980 and good faith pursuant to section 44(5) of the Companies Act 2006 (South Bank v Galliard) — Judgment date: 6 February 2026
Chancery Division (Business List): South Bank Hotel Management Company Limited v Galliard Hotels [2024] EWHC 2482 (Ch) — Judgment date: 14 October 2024

The Court of Appeal has offered helpful clarification regarding when section 21(1)(b) of the Limitation Act...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...