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Directors' duties

Directors have felt the pressure of growing regulation in recent times, specifically since the imposition of specific duties by the Companies Act 2006.

Responsibility for protecting the interests of a company's shareholders has been placed squarely at the doors of individual directors.  As a result, it is not difficult to take a misstep, or to be on the receiving end of action by disgruntled shareholders.  

While directors need to protect their personal position and investment, shareholders also need to be alive to the steps they can take when it is felt that liability for issues within the company falls at the feet of those officials.  

Our team has worked both with directors and companies to address those issues to allow the company to move forward. We advise on: 

  • Disputes between directors 

  • Board disputes

  • Breach of director's fiduciary duties 

  • Directors' misconduct and negligence

  • Directors' removal and disqualification

  • Wrongful trading

  • Internal investigations

  • Reputation management

 We can also advise on any employment-related issues.

 

Examples of work

We have advised: 

  • On the suspension and dismissal/resignation of a director for alleged involvement in criminal activity

  • On a claim against the directors of our client company for breach of duties in light of the directors' negligence and fraud 

  • Former directors of a PLC in relation to their duties in an internal investigation

  • On a dispute between a board and fellow shareholder/owner/director of a hedge fund 

  • An environmental technology firm on potential claims against its former directors for breach of duties

  • A company on a dispute between shareholders and directors regarding the company's contractual obligations, including advising on directors' alleged breaches of fiduciary duties and disputes between directors

  • On claims against former directors for misfeasance, breach of fiduciary duties and wrongful trading

  • On an action for a number of Special Purpose Vehicles against their former sole director for multiple breaches of fiduciary duties