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10@12 Webinar : Bringing Claims against Wrongdoing Directors

This talk addresses some of the key issues that arise when considering bringing claims against wrongdoing directors.

Who can bring a claim; what needs to be done to ensure that the claim is properly authorised; when is it necessary to bring a derivative claim; causes of action under the Companies Act 2006 and the Insolvency Act 1986; pitfalls to avoid.

  1. To start with, don’t forget s 1157.
  2. Who can sue?
  3. Ensuring proceedings brought by the company are properly authorised.
  4. Managing the claim; delegation to a sub-committee of the board.
  5. Wrongdoer control; derivative claims.
  6. The general duty to promote the success of the company under s 172; the meaning of the good faith test.
  7. The duty to act for a proper purpose; who decides what purposes are “proper”?
  8. Negligence – the composite test for breach of duty under s 174.
  9. The insolvency context; additional claims available to the liquidator.
  10. Is it worth it? Indemnities and D&O cover.

Edward Davies KC
Anna Scharnetzky