Our team of lawyers have extensive experience in advising clients on Directors Liabilities and Corporate Governance.

Disputes are an unavoidable distraction in business life and we appreciate that such disputes can be time consuming and expensive. Our lawyers will advise clients from the outset about potential disputes and whether litigation is the most effective way forward. Where possible, we will advise our clients on alternative options such as negotiations, mediation. We have particular experience in obtaining injunctive relief to minimise any irreparable harm to the business.

Directors Liabilities

Company Directors and Companies now face numerous legal issues on a day-to-day basis that have to be considered. These include regulatory liabilities, reporting obligations, corporate governance issues.

The Companies Act 2006 has now codified the duties of Directors. Directors have fiduciary duties and common law duties but the Companies Act now provides a statutory statement of “directors duties” which include the following:-

  • A duty to act in accordance with the Company’s constitution;
  • A duty to promote the success of the Company;
  • A duty to exercise independent judgment;
  • A duty to exercise reasonable care;
  • A duty to avoid conflicts of interest;
  • A duty not to accept benefits from third parties; and
  • A duty to declare an interest in a proposed transaction or arrangement.

We have acted for a number of companies where disputes have arisen with Directors and their obligations.  When such breaches occur, it may be necessary for a Company to take steps to protect themselves against any further damage to their business, which can include proceedings, injunctive relief.

Corporate Governance

Corporate Governance is central to the running of a business. It is the process by which company objectives are established, achieved and monitored. It sets out the relationship and responsibilities between the board, management and it’s shareholders.

We can advise companies and their directors on a full range of corporate governance issues. We also advise on relations between shareholders and on resolving any disputes that may arise. The Companies Act 2006 has made and will continue to make significant changes in this area.