HomeFWJ TakeawayDirector disqualification claimsCommon reasons for disqualificationIndividual and collective responsibility for directors

The concept of responsibility - on an individual and collective basis is vitally important in the context of disqualification claims. Every business is different in terms of size, what they do and how they are structured. All these things go in to the melting pot when considering liability under the disqualification regime.

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

Directors have (both collectively and individually), a continuing duty to acquire and maintain a sufficient knowledge and understanding of the company’s business to enable them to properly discharge their duties as directors.

In larger companies this requires detailed reporting structures and management processes to ensure that at every level there is accountability which goes up through the chain of command.

In assessing the question of unfit conduct, when faced with director disqualification proceedings, the court will look at

  • the size and type of the business;
  • the experience of the person;
  • his / her role in the business; and
  • duties and responsibilities assigned to that person.

Therefore, whilst the role of director is universal, the court will consider the actual roles and responsibilities of each individual director as well as their overall corporate governance responsibilities.

Francis Wilks & Jones is the county’s leading legal firm of director disqualification solicitors. We are genuine experts in what we do with a combined experience of over 75 years in all types of director disqualification claims. One of our friendly team of solicitors can help you now with a consultation. Don’t settle for second best.

I was greatly impressed with the commercial, tactical and technical ability of the team at FWJ. They quickly got to grips with a complex set of facts and, through their hard work, had the proceedings against me dropped and a significant proportion of my legal fees repaid. I couldn’t recommend them highly enough

A director we defended against a disqualification claim and other claims brought by a liquidator

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