ABSTRACT
To what extent does the interpretation placed upon s 459 of the Companies Act 1985 and s 122(1)(g) of the Insolvency Act 1986 ‘recognise the rights of individuals’?
This requires a brief exposition of the effects of the separate corporate personality of companies, then a consideration of the extent to which individual rights are still recognised despite their apparent submersion within the corporate form in judicial interpretation of s 459 of the CA 1985 and s 122(1)(g) of the IA 1986.
