Directors' duties

A director has a special relationship with his or her company and will often be privy to confidential, highly sensitive and important information. Allegations of breach of a director’s duty are always a matter of significance for both the company and the director involved.  The 3PB team comprises senior practitioners who are experienced in dealing with such major issues. Not only are they skilled in the employment aspects of the relationship between company and director but they are also able to deal with associated issues such as shareholder disputes, distribution of dividends, director’s loan accounts, partnership difficulties and commercial litigation.

Clear and confident advice can be given at the outset of a problem on issues such as the enforceability of restrictive covenants, the use and abuse of confidential information, ownership rights in respect of client lists and databases and the right to compete with a former company. Often early advice can solve the need for later litigation. Where appropriate, action in respect of injunctive relief can be explored and, if decided, claims for damages pursued or defended.

Where a company is, or might be, insolvent, director’s duties must take account of creditor interests and some of our employment practitioners specialise, also, in insolvency. They are ideally placed to advise directors or insolvency practitioners in respect of the whole of their duties, which means that clients need not seek advice from several different sources but can instruct a barrister who can take a holistic approach to their position.