R v McCredie

R v McCredie [2000] 2 BCLC 438 is a UK insolvency law case, concerning voidable transactions.

[1] Mr McCredie and Mr F were convicted of holding directorships of a company trading under a prohibited name, contrary to the Insolvency Act 1986 section 216(3) and failure to deliver company books to the liquidator contrary to section 208(1)(c).

The Court of Appeal held, dismissing the appeals, that company directors owed a continuing duty to produce to the liquidator all company books, property and assets and were not entitled to wait for a request from the liquidator before their production.

That duty of cooperation with the liquidator further extended to the voluntary offering of information relating to the company on an ongoing basis.

In the instant case, the judge had erred by failing to obtain the agreement of counsel before distributing a detailed chronology to the jury but the point had not been taken and there was no misdirection capable of affecting the safety of the convictions.