All businesses and their managers are subject to certain regulatory requirements. 

Directors

The conduct of directors is regulated by statutory (and other) duties.  Where those duties are breached, directors may face personal exposure. Claims can be brought against all types of directors (including registered, ‘de facto’, and ‘shadow’), by the company, its shareholders, insolvency office-holders, regulators and, in some circumstances, creditors and law enforcement bodies. 

We are experienced in preventing, prosecuting and defending claims against directors, such as those arising from:  

• Decisions taken during periods of financial distress, 

• Conflicts of interest and disclosure management, and 

• Negligence. 

Amongst other claims, we can assist with the following: 

• Administrator or liquidator claims:

  • Fraudulent or wrongful trading 

  • Preference, or transactions at an undervalue, and transactions defrauding creditors 

  • Misfeasance and breach of duty  

• Director disqualification proceedings brought by The Insolvency Service 

• HMRC personal or joint liability notice claims 

Members of Limited Liability Partnerships

Unlike directors, the conduct of members of LLPs are not regulated by a statutory set of duties. Their conduct is however regulated by a similar, duty-based regime, and members can be exposed to the same or similar types of personal claims.