Directors’ Duties & Disqualification
We have specialist lawyers experienced in resisting disqualification proceedings and successfully seeking orders for costs.ContactLeading Cases
Company directors must continually be aware of the wide range of duties and legal obligations with which they must comply.
The increasingly regulated company landscape and tightening statutory framework surrounding the role of company executives means that any failure or perceived failure to act in accordance with these duties could lead to significant personal and reputational implications. These risks need to be managed correctly.
We advise on the scope of directors’ fiduciary duties and the potential consequences of breaches. Many of our cases involve alleged breaches of fiduciary duties and disqualification proceedings under the Company Directors Disqualification Act. We are able to draw on the considerable breadth of knowledge across our civil and criminal lawyers to provide clients with comprehensive and rounded legal advice. We are adept at resisting and vigorously defending these applications and reaching a successful outcome including costs orders and negotiation of appropriate undertakings. If disqualification cannot realistically be avoided we negotiate the lowest possible period of disqualification and seek to agree to avoid the need for expensive contested proceedings. We have experience of applying to Court for permission to continue acting when disqualified.
Peters & Peters also regularly advises directors on their personal liabilities; allegations of misrepresentation in contracts; any requirement to account to the company for monies received or to indemnify it against alleged losses and any offences under the Insolvency Act 1986 or criminal offences under the Fraud Act 2006.