Director liability following collapse of subsidiary

Jane Childs, litigation partner and Alexandra Wood, counsel at Mayer Brown consider the unintended consequences of holding parent co-directors liable for post-sale subsidiary collapse

It is an understandable reaction to recent high profile corporate failures, such as BHS and Carillion that politicians and consumers are questioning the adequacy of UK laws designed to hold directors to account for their conduct while in office.

But it would be a mistake to conclude that significant legal reform is required and it would have unintended consequences if directors of a parent company were to be held responsible for the ultimate collapse of a distressed subsidiary for up to two years (indeed, any period) after that subsidiary had been sold. 

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