Our team at Francis Wilks & Jones is renowned for providing high quality advice to directors and business owners. Running a business always has its challenges, irrespective of its size, nature and make-up. Whatever situation or issue you face, our team will have the experience to assist. Don't settle for second best. Call the experts today.
Pressures on directors has increased significantly over the past 12-18 months. Running a company has never been risk free, but recent economic upheaval associated with the ongoing pandemic and the increased danger of formal insolvency has brought in to sharp focus the roles and responsibilities of directors.
Our team regularly advises directors on the following personal claims that they might face
Claims by HMRC
We regularly advise our director clients in claims by HMRC against a director / former director for the company’s tax liabilities;
Claims by liquidators or administrators
Claims can often be made against directors arising from any losses to creditors of the company following an insolvency event. Our team has helped 100’s directors defend such claims by liquidators and administrators.
Claims by shareholders of the company
This often happens where the director is also a shareholder. The claims by shareholders of the company can be for any unfair prejudice or losses by the company (and therefore its shareholders) or any mismanagement which does not align with the agreement between shareholders as to how the company is to be run.
Claims by the Registrar of Companies / Companies House
Claims by the Registrar of Companies and Companies House are made against directors in the criminal courts in respect of the breach of a company’s various statutory filing obligations. Our expert team has defended many directors in the Magistrates court.
Director disqualification proceedings
Our team is the country’s leading set of legal advisers when it comes to director disqualification proceedings.
These can be against any person who was (or is alleged to have been) a director by
- the Secretary of State (acting via the Insolvency Service) following a company insolvency; or
- the court for certain types of Companies House filing contravention, criminal conduct generally and for competition infringements.
Other general claims against directors
We deal with other general claims against directors. These can include personal common law claims by individuals trading with the company (where the corporate veil may be pierced).
Frequently, particularly following insolvency, a director can be faced by both claims from the appointed liquidator or administrator and enquiries by the Insolvency Service with a view to seeking an order that a director be disqualified.
In a perfect world it would be wise for any director to plan against such eventualities.
However, it is not a perfect world and at our team at Francis Wilks & Jones we fully understand that the law often does not acknowledge the stress of business (particularly small businesses) and the inability for a director to make the perfect decision in every circumstance.
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 are here to help.
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.
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 soonerA client we successfully defended in director disqualification and insolvency related proceedings