Claims Against Company Directors
Entrepreneurs play a vital role in society, and our goal is to help directors and business owners navigate company failure so they can move forward with new ventures.
Running a business is challenging, stressful, and full of risks. As a director, you have legal duties to uphold, and the stakes have never been higher. With increasing scrutiny from the Government, HMRC, and Insolvency Practitioners, directors now face a greater risk of disqualification proceedings and financial claims if their company fails.
We provide expert advice to directors and shareholders dealing with financial difficulties. Whether you need guidance before insolvency or defense against claims, our team is here to support you. Claims can arise from various sources, including Insolvency Practitioners (IPs), HMRC, banks, landlords, and suppliers.
How We Can Help
Our legal team specializes in defending company directors against financial claims, including:
Working with Insolvency Practitioners Office Holder Claims Wrongful & Fraudulent Trading Insolvency Practitioner & Insolvency Service Interviews Letters Before Action (Claim Letters) Preferences & Transactions at Undervalue Breach of Duty & Misfeasance Personal Guarantee Claims Property Issues & LPA Receivers HMRC Claims Against Directors
Conflicts of interest often arise in these cases. We can work alongside your company’s existing advisers to ensure you receive independent, strategic legal advice.
If your company is struggling financially or facing potential legal action, don’t wait until it’s too late. Explore your options today.
Get in touch: info@isadoregoldman.com
Why Choose Isadore Goldman?
Proven Expertise
We are recognized by top legal directories such as Chambers & Partners and The Legal 500 for our excellence in insolvency law.
Straightforward, Realistic Advice
These cases can be complex, but we simplify the process. We ensure you fully understand your position and the best way forward.
A Tailored Approach
Every case is different. We work closely with you to understand your goals and create a strategy that aligns with your best interests.
A Track Record of Success
With years of experience handling director claims, we have helped many clients achieve the best possible outcomes in tough situations.
Working with Insolvency Practitioners
When a company faces financial trouble, directors often turn to their accountants, who may introduce an Insolvency Practitioner (IP). While IPs can advise on company options, they do not represent directors personally.
Once an IP is appointed, they are legally required to investigate the company’s affairs and may file claims against directors. Many directors unknowingly share information with IPs that can later be used against them. Seeking independent legal advice as early as possible is crucial.
How we help:
Identifying personal liability risks Advising on strategy before engaging with an IP Protecting your position throughout the process
Need advice? Contact us today.
Office Holder Claims
Once a company enters administration or liquidation, the appointed IP (Office Holder) will conduct an investigation. A key focus is identifying whether claims can be made against directors.
Common claims include:
Breaches of duty – Unlawful dividends, unpaid director loan accounts, or mismanagement of funds
Clawback of assets – Recovering assets transferred before insolvency
Wrongful or fraudulent trading – Continuing business when insolvency was unavoidable
Directors are often caught off guard when an IP demands repayment of money they withdrew from the company. If you’re facing such claims, we can help assess your options and defend your case.
Get expert legal advice now.
Wrongful & Fraudulent Trading
If directors continue trading while knowing insolvency is inevitable, they may face wrongful trading claims. If fraudulent intent is proven, the consequences can be severe, including financial penalties and disqualification.
We can help by: Assessing your risk of liability Defending claims brought against you Negotiating settlements where necessary
Need urgent assistance? Contact us now.
Funding These Claims
Unlike typical legal disputes, Insolvency Practitioners often pursue claims without upfront legal costs. Many work under Conditional Fee Agreements (CFAs), meaning they only pay their legal team if they win.
Because of this, directors face significant pressure to settle early, even if they have a strong defense. Our team can help you navigate this situation and form a solid strategy.
Don’t face this alone—speak to our experts today.
Interviews with Insolvency Practitioners & the Insolvency Service
After a company’s insolvency, directors are often required to attend interviews with IPs or the Insolvency Service. While you must cooperate, it’s critical to prepare carefully. Anything said in these interviews can be used against you later.
We can help by: Preparing you for the interview Reviewing required documents Attending interviews alongside you for legal support
Schedule a consultation now.
Letters Before Action (Claim Letters)
Before formal legal action is taken, directors typically receive a Letter Before Claim outlining the allegations against them. If you receive one, take it seriously—your response can impact your case significantly.
We can: Review the letter and assess your position Help draft a strong response Represent you in any legal proceedings
Act fast—contact us today.
Preferences & Transactions at an Undervalue
Directors can face claims for:
Preference payments – Prioritizing repayment to certain creditors before insolvency
Transactions at an undervalue – Selling company assets below market value or gifting assets
If found liable, you may be required to repay funds. We can assess whether your actions were justified and defend your case.
Facing a claim? Get expert advice now.
Breach of Duty & Misfeasance
Directors have a legal duty to act in the company’s best interests. In insolvency situations, their actions are closely examined. Allegations of breach of duty can result in financial penalties or even disqualification.
If you’re facing a breach of duty or misfeasance claim, we can help build your defense and minimize potential liabilities.
Protect your future—speak to our team today.
Personal Guarantee Claims
Many directors sign personal guarantees for business loans, leases, and supplier agreements. If the company fails, creditors may enforce these guarantees, putting your personal assets at risk.
We have a dedicated team that specializes in defending personal guarantee claims.
Need help? Contact us now.
Property Issues & LPA Receivers
When a company fails, directors may struggle with property-related issues, such as:
Being personally liable for business rent Losing rental income as a landlord Dealing with LPA Receivers enforcing property sales
Our property law specialists can help protect your interests.
Get expert property law advice today.
HMRC Claims Against Directors
HMRC is increasingly pursuing personal claims against directors for unpaid taxes, National Insurance, and penalties. If HMRC issues a Personal Liability Notice, directors can be held personally responsible.
Our legal team has extensive experience in handling HMRC claims and can provide expert representation.
Don’t let HMRC claims ruin your future—contact us today.
Get Expert Legal Advice Today
If you’re facing financial claims, disqualification, or other legal action, get in touch with our expert team. We’re here to help you navigate these challenges and protect your interests.
London | Norwich | Portsmouth info@isadoregoldman.com
