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Claims against directors

Although the majority of companies incorporated in the UK are limited companies this doesn’t necessarily mean that directors are ‘bullet proof’, especially when the company enters into an insolvency event. See below for more information.
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More information

Although a limited corporate structure gives members/shareholders limited liability it doesn’t mean that the directors are not potentially liable for their actions in managing the company.

A liquidator may bring a claim against a director for: 

  • fraudulent trading;
  • wrongful trading;
  • misfeasance; 
  • preferences; 
  • transactions at an undervalue; and
  • extortionate credit transactions. 

The Liquidator is duty bound to make investigations into the affairs of the company. If those investigations unravel evidence to suggest that the directors, or a connected party, has breach one of the above statutory offences then the Liquidator will have no option but to pursue the matter. 

We frequently advise Insolvency Practitioners and directors in relation to the above mentioned claims. We pride ourselves on the service we provide and our detailed and robust approach to reaching the best outcome for our clients.   

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Introducing
Insolvency & Recovery
Ian Scobbie
Ian Scobbie
Associate
0113 227 9327
IScobbie@LawBlacks.com

Ian Scobbie joined Blacks Solicitors in 2010 where he is an Associate Solicitor and Head of the Insolvency team.

Ian has over 25 years’ post qualification experience in dealing with insolvency and corporate recovery matters, ensuring swift and effective results for his clients.

In particular, Ian provides specialist insolvency advice to sports clubs and is well respected in Leeds and surrounding areas for his time as Chairman of Scarborough Football Club. Ian currently sits on the Board at Hartlepool United Football Club as a non-executive Director.

Dave Paterson
Dave Paterson
Partner
0113 227 9341
DPaterson@LawBlacks.com

Dave Paterson joined Blacks Solicitors in 2004, where he trained and qualified, and is now a Partner in the Corporate & Commercial team.

Dave regularly drafts and advises on lending and finance documents and has vast experience at dealing with all types of corporate matters for Owner Managed Businesses (OMBs) including acquisitions, disposals, and restructuring. He has acted on several management buyouts (MBOs) in the last 12 months and has been lead advisor on several multi million pound transactions acting for both Buyers and Sellers, including a Share Sale valued at £64m and a Share Purchase at £51m.

Dave has built a strong reputation advising Family Owned Companies (FOCs) on succession planning and issues. He recently advised one high profile Yorkshire based FOC on complex succession issues which involved extracting shareholdings which were held in Trusts.

He also regularly drafts and advises clients on commercial agreements. Recent particularly commercial work included: advising an IT service provider on a £10m+ maintenance agreement; advising a client on its “shirt front” sponsorship agreement with a Premier League Football Club; and drafting a Software Licence and Support and Maintenance Agreement for a local PLC.

Dave is also recognised by The Legal 500 for his “breadth of corporate knowledge” and for being “to the point, avoiding excessive fluff”.

Yat Wong
Yat Wong
Solicitor
0113 227 9346
YWong@LawBlacks.com

Yat Wong joined Blacks Solicitors in 2007 and is a Solicitor in the Commercial Dispute Resolution team.

Before joining Blacks, Yat worked for law firms in the North East, South Yorkshire, and in London, and has over 21 years’ experience in advising both private individuals and businesses on all aspects of litigation.

Yat’s specialisms include boundary and property disputes, contractual disputes, professional negligence claims, intellectual property disputes, and company and partnership disputes.

Although Yat is highly accomplished in litigating cases, he is keen to try to resolve disputes for clients in a pragmatic and commercial way to minimise any cost to them.

Aimee Hutchinson
Aimee Hutchinson
Associate
0113 227 9203
AHutchinson@LawBlacks.com

Aimee Hutchinson graduated from the University of Sheffield before joining Blacks Solicitors in 2010 as a Trainee Solicitor. Aimee qualified in September 2012 and has been an Associate Solicitor in the Commercial Dispute Resolution team for over five years.

She works on a wide variety of general commercial litigation matters, with a particular interest and specialism in Judicial Review matters. She often handles complex litigation in the High Court and has experience of working on cases in the Court of Appeal.

Aimee is a key member of the Holiday & Home Parks team and is rapidly becoming a ‘go to’ adviser in the sector for park owners. She has represented clients in the First Tier Tribunal (Property Chamber) and is able to offer tailored advice to clients in this unique area of law.

Aimee is recognised by The Legal 500 as “highly knowledgeable”, “extremely approachable and has an air of confidence that puts the client at ease”.

James Teagle
James Teagle
Partner
0113 227 9298
JTeagle@LawBlacks.com

James Teagle joined Blacks Solicitors in 2012. He became a Partner in 2015 and currently heads-up Blacks’ Property Litigation team.

James has 15 years’ hands-on experience of resolving land and property-based disputes, and of dealing with estate management issues. This experience includes: business tenancy renewals; landlord and tenant disputes relating to service charge, rent review and dilapidations; and land disputes in respect of restrictive covenants, easements, trespass and claims for possession. James also specialises in working with LPA receivers and for secured lenders.

He is regularly involved in complex, high value claims and is recognised by The Legal 500 for his “measured approach and technical know how”. James also works closely with his property colleagues advising on large transactions which require specialist litigation input.

In addition, James is an active member of the Property Litigation Association and sits on its Northern Committee.

James is recognised by The Legal 500 as “incredibly helpful” and for having “an excellent grasp of the technical issues”.

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