Advising Directors on Risk

A director of a company that is in financial difficulties could face personal liability in respect of:

  • Personal guarantees.
  • Fraudulent trading (section 213, 1986 Act).
  • Wrongful trading (section 214, 1986 Act).
  • Misfeasance or breach of duty (including the statutory general duties under the Companies Act 2006).
  • Where the company is a public company, serious loss of capital.
  • Where the company is listed, the Listing, Prospectus, Disclosure and Transparency Rules and the Financial Services Markets Act 2000. (For more information on these Rules.
  • Other offences under the 1986 Act.

Directors should seek external advice as soon as they are aware that the company is in financial difficulties.

If you are facing a Winding-Up Petition, we can negotiate on your behalf and advise you through the Insolvency and Companies Court process. Our Winding-Up Experts have specialist legal information and advice which will be tailored to your situation. To contact one of our Solicitors or Barristers please click here or call 02071830529.

First-class Second Opinions ✔
Discounted fixed fee advice.

Need a second opinion on your insolvency litigation? Our specialist solicitors & barristers can help by assessing your case prospects and whether a winding-up petition is the right tool. We have dual-qualified lawyers, so if our view is your case has limited merit or high risk we warn you in our first meeting.

Some firms offer free meetings with unqualified or junior lawyers but only after you’ve spent significant funds do you then get advice from a senior partner and/or barrister possibly suggesting that the case shouldn’t be pursued. We believe it is better to give accurate advice from experienced counsel from the outset.

We do things differently from all other law firms in England & Wales. We offer you partner and counsel-led advice in our first meeting, for a heavily discounted fixed fee. That way our best solicitors and barristers can review your litigation case and give you the correct advice at the outset, when it matters the most.

Legal advice is just one aspect of getting a solution. The most important thing is what you do with the legal knowledge about your case, how you present it to the other side and how you negotiate your way to the optimal legal settlement. Our lawyers are masters of strategically securing optimal financial settlement, often via winding-up petitions where carefully considered and advised as appropriate.

Want your case assessed or a second legal opinion? Call ☎ 02071830529 or message our London litigators by clicking the Check My Case button below:

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