HomeFWJ TakeawayWho can bring a misfeasance claim?

Welcome to the director defence team at FWJ. If you are facing a misfeasance claim (or any other type of claim by a liquidator, administrator, HMRC or creditor), we can help

Misfeasance claims are generally brought by liquidators.  They are only available where the company has been placed into liquidation and such a claim does not exist where the company is placed into administration (although that does not preclude a claim for breach of fiduciary duties by the company via its appointed administrators).

However, misfeasance claims may also be brought by the Official Receiver (who is an officer of the court appointed by the Secretary of State to deal with compulsory liquidations), a creditor or a shareholder.

  • Misfeasance claims are occasionally brought by the Official Receiver where there may be no assets within a company to fund any legal proceedings brought by an appointed liquidator. 
  • This is becoming more prevalent by reason of the current emphasis by government of the need for corporate transparency and accountability.

Creditors do occasionally issue such proceedings, as may a shareholder, although these are rare because any award will be made in favour of the company, and therefore payable to all creditors pari passu via the liquidation proceedings.  

However, this may be a solution where there is otherwise no opportunity to penalise a director and a creditor or shareholder is in a position to fund such litigation (the legal costs of which will be repayable to them in the event they are successful).

How we can help

Our experienced team at Francis Wilks & Jones have been successfully defending directors for over 20 years. We specialise in defending claims by liquidators and administrators as well as from creditors and HMRC.

Whatever your requirements – speak to our team today. Or call Partner Stephen Downie or Maria Koureas-Jones for a free initial call.

Or read our fantastic new 2024 Guide on Defending Liquidator Claims – which will answer many of your questions.


FWJ were very hands-on, getting involved from an early stage in seeking to avert an expensive set of litigation proceedings. I am more than happy to recommend their services, particularly when it comes to considering complicated issues or complex proceedings.

A client who was facing a liquidator claim for the improper withdrawal of sums from a company. We had the claim dismissed

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

Key contacts

Maria Koureas-Jones

Maria Koureas-Jones

Partner

Stephen Downie

Stephen Downie

Partner

Douglas McEvoy

Douglas McEvoy

Associate

View full team

Case studies

View all case studies

Contact us in confidence