Claims against directors

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“One of the most astute appointments I have ever made.”

A company director we successfully defended against disqualification

Director defence experts

Our team at Francis Wilks & Jones has been defending directors since we first set up business in 2002. Our team boasts some of the leading lawyers in the country, not only offering their legal expertise, but other skills sets too such as tax and accounting. For example,

• Stephen Downie is a qualified lawyer and accountant, and previously worked at the Insolvency Service.
• Andy Lynch spent 18 years at the investigations team at HMRC.

It is the unique combination of skills and decades’ experience which make us stand out from the crowd.

Defending claims by HMRC

Our team regularly help directors who are facing claims from HMRC, either personally or in respect of claims against the company. Whether it is PAYE, VAT, Loan charges, R&D claims, wider tax investigations and disclosure claims or any other tax related issued, our specialist team is here to help.

Defending claims by liquidators and administrators

If your company has entered in to formal insolvency, you might be contacted by a liquidator or administrator to respond to requests for information or even find yourself on the end of a legal claim. Our superb team can help defend all types of liquidator claims – including unpaid / overdrawn director loan accounts void dividends, wrongful trading, fraudulent trading, misfeasance claims as well as a range of antecedent transaction claims such as transactions at an undervalue, preference claims and much more.

Defending claims by company shareholders

Directors can sometimes find themselves on the end of claims by the company shareholders – which can quickly lead to difficulties within a company. They can even be threatened with removal as a director. Early action is vital to help resolve these claims. Our expert director defence team is able to help.

Defending Companies House claims

There are a range of claims which Companies House can make against directors which can include claims in the criminal courts in respect of the breach of a company’s various statutory filing obligations. These threats need to be taken seriously. Our team is well versed in dealing with all types of Company House offences.

Director Disqualification claims

Following the insolvency of a company, a former director can be banned from acting as a director for up to 15 years. This can have a huge impact on any individual. Our disqualification team has been successfully defending directors for over 20 years – and can help you too, from the earliest questionnaire stage, right up to trial and beyond.

Other types of director claims

Not every type of claim against a director falls neatly in to a box – they can be a combination of things and require assistance to unravel and understand. These can include personal common law claims by individuals trading with the company (where the corporate veil may be pierced).  

The role of a director and director duties explained

Underpinning all of our advice is an expert understanding of what it means to be a director and the responsibilities which come with it. Our specialist team is often asked to advise directors about their legal responsibilities and what it actually means to them in a personal and corporate capacity. We can help explain your fiduciary, statutory and public interest duties – and minimise your risk if things do go wrong later on.

Director dispute solicitors

Should you require any assistance, please contact a member of our director services team and we can help you today. Whatever your situation, we have almost certainly seen it before and our experience can help you find the solution you need.

Whether it is simply putting your mind at rest that there is nothing to be concerned about, or dealing with an actual or threatened claim – we have the legal team to help you. Or speak directly to Partners Stephen Downie or Maria Koureas-Jones for immediate assistance.

If there was ever a star rating for law firms, Francis Wilks & Jones would score five stars plus. Professional and pro-active, they were able to understand my problem quickly, provide expert advice, outline a solution and put it into place with a successful outcome. I should have gone to them sooner

A client we successfully defended in director disqualification and insolvency related proceedings