Legal updates: December 2017

In this month's legal updates, experts at law firm Gateley plc consider High Court ruling where dividend paymemts were not unlawful despite liquidation and and ambiguous restrictive covenant case overturned at Court of Appeal

Dividend payments not unlawful despite lack of distributable profits

In the case of Global Corporate Limited v Hale [2017] EWHC 2277 (Ch), the High Court ruled that dividend payments paid to a director-shareholder by a company that entered insolvent liquidation were not unlawful, despite there being a lack of distributable profits. The case will be of particular interest to many small businesses and their advisers for clarifying the point at which payments to a director-shareholder are classed as dividends rather than salary.

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