The temporary suspension of wrongful trading provisions which was introduced by the Corporate Insolvency and Governance Act 2020 has now ended, meaning that directors can again be held personally liable for falling foul of wrongful trading provisions, i.e. if they fail to take steps to minimise the potential loss to the company's creditors once they become aware that there is no reasonable prospect of the company avoiding insolvency.
These provisions were suspended back in March 2020 as part of the government's COVID-19 response to provide some leeway to directors of companies adversely affected by the pandemic. Although the termination of the suspension may be a positive step in that it hopefully foreshadows a return to complete normality, it may be seen as a tad premature by directors of businesses which are still struggling after a tumultuous 18 months.
The Act temporarily removes the threat of personal liability for wrongful trading from directors (all other checks and balances on directors remain in place).