In most cases, misfeasance claims are brought against directors under section 212 of the Insolvency Act 1986. However, in order to be successful, a claimant's commercial litigation solicitor must prove that a director has misapplied the assets of a company and/or in some way breached his or her directorial duty.
Oratto's specialists can help you make a claim against any of the following three types of director and, in some cases, may also be able to help you mount a claim against a company's shareholders:
- De facto directors
- Shadow directors
- De jure directors
If you believe that you, whether as a liquidator or other party, have valid grounds for a misfeasance claim against a director, let Oratto help you find the commercial litigation solicitor who is right for you today.
The Oratto platform is completely free to use and empowers you to make intelligent, informed choices regarding your legal representation. To find out more simply browse our member profiles, try our Match service, chat online with an advisor or speak free with a solicitor for thirty minutes.
Under the terms of the Insolvency Act 1986, directors owe liquidators certain statutory duties, while further duties are owed under the Companies Act 2006. These include the following:
- To work with reasonable skill, care and diligence
- To act in the best interests of the company
- To act within the scope of his or her powers
- To exercise independent judgment
- To pay only legal dividends
- To act without conflict of interest
A successful misfeasance claim against a director may result in you receiving some form of financial compensation to remedy your losses in the event a director has breached his or her duties to you – this is true whether you are a creditor, liquidator or other entitled party.
Oratto's commercial litigation solicitors
Oratto's specialist commercial litigation solicitors work from locations right across the UK and can help you consider your rights and options regarding a misfeasance claim against a director.
All our specialists are committed to reaching efficient and effective resolutions on all misfeasance claims, while always upholding the core principles of the Oratto Member Lawyer Code.
Contact us today for help and advice.