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The main legal claims which may be made against directors can include claims for damages, claims arising on insolvency of the company and criminal claims for fraud, which can result in disqualification of a Director, personal liability for losses to creditors and possibly even prison time.
Many shareholders are surprised to discover that in the absence of contractual claims against directors, usually via a shareholder agreement, most claims shareholders might directly bring against directors need to be made by the company, not the shareholders.
Claims can include :-
Breach of fiduciary duty, usually statutory duties under the Companies Act
Insolvency related claims for wrongful or fraudulent trading
Employment law claims which the company may make where there is a Director Service contract which has been breached by the director such as breach of restrictive covenants.
Fraud claims against directors
Claims based on director negligence such as negligent misrepresentations or misstatements
Shareholder claims against directors via the process known as derivative claims
Abuse of powers - such as excessive remuneration or taking director loans from the company and failing to repay.
Advising directors where a personal guarantee they have given is called in.
Please do get in contact to discuss your situation, our experience, and how we would approach resolving your issue.
Telephone -
9am to 5pm
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Meta is Head of Commercial Litigation and manages a large team of specialist dispute resolution lawyers. We also have a large and highly respected criminal law team where issues cross over between civil and possible criminal liability.
Call the Taylor Rose team or fill out the form below and we will get back to you as soon as possible.
Telephone opening hours -
9am to 5pm