Director Duties, Liability and Disqualification
Company directors who may have broken the law, or failed to meet their duties, can face very serious penalties. We provide expert hands-on support throughout the process to ensure the best possible outcome.
The consequences for company directors who fail to meet their duties and responsibilities can be very serious. They can be disqualified from being a director for up to 15 years. They can face personal liability and fines, and be ordered to pay compensation. In the case of breaches of competition or bribery laws, they may be subject to criminal proceedings and imprisonment.
Our team has all the expertise and experience required to support directors throughout disqualification proceedings in Scotland and England & Wales, and to achieve the best possible outcome. We are also experienced in working with directors’ and officers’ liability insurers.
At the start we will outline your options – and provide clear and transparent pricing that helps you to assess them. We provide both strategic advice and hands-on support. That might include assistance with initial enquiries from the investigating body and, if an investigator is carrying out a detailed data-gathering exercise, advice on disclosure obligations.
If civil or criminal proceedings are underway, we can develop a defence strategy, act in plea negotiations, and prepare and deliver effective mitigation statements. Our team includes in-house Solicitor Advocates; we work closely with them, and with external Counsel, to give you the best representation in court.
In some cases, mediation or alternative dispute resolution might be the best way to achieve a commercial, cost-effective outcome. We are experienced in both.
Our expertise includes:
- Hands-on support and strategic advice throughout all stages of an investigation
- Developing defence strategies in civil and criminal proceedings
- Attending interviews under caution
- Advice in relation to breach of fiduciary duty/misfeasance claims
- Advice in relation to wrongful and fraudulent trading risk and claims
- Advising in claims relating to directors’ loans, and challenges to unlawful dividend payments
- Advice on document disclosure obligations
- Advice in relation to director disqualification investigations and proceedings
Meet our key contacts
Gillian Carty
Partner and Chair
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Contact us
Gillian Carty
Partner and Chair
