A sole director who ensures financial support is available to an insolvent company to enable it to continue litigation goes beyond merely promoting the company's interests and satisfies the 'active involvement' element of the Knight v FP Special Assets Ltd test for non-party costs orders. A director's failure to adduce evidence explaining the company's financial position when given the opportunity to do so may support adverse inferences as to insolvency. The Form 509 summary of affairs signed by a director upon liquidation may constitute sufficient evidence of insolvency to support a non-party costs order.
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