Administrator’s duty of care

Kyrris and another v Oldham and others CA TLR 7 November

The duty of care of the administrator of a company is, in the absence of exceptional circumstances, the same as that of a director and is owed exclusively to the company. A director has no duty of care to shareholders and there is no basis for concluding that in the case of insolvency an administrator appointed under the Insolvency Act 1986 owes a general duty of care to creditors in circumstances where a director would not owe such a duty to shareholders.