Directors’ Duties and Insolvency Risk Advice

Helping directors manage legal duties and personal risk during financial distress.

Talk to our Restructuring and Insolvency Team.

Our directors’ duties and insolvency risk lawyers provide strategic, commercially focused advice to directors, boards and business leaders facing financial pressure, uncertainty or the early warning signs of insolvency.

When a business comes under financial strain, directors’ duties shift and personal exposure increases. Directors must continue to comply with their statutory and fiduciary duties while also managing the heightened risk of personal liability that can arise from wrongful trading, misfeasance or breach of duty. Understanding exactly where that line sits and acting on it in time is critical.

We help directors understand their obligations, assess the financial position of the business realistically and take the right steps at the right time to protect both the company and themselves personally. Our advice is practical and commercially grounded, not simply a recitation of statutory duties.

By working closely with directors and boards through periods of financial difficulty, we help them make confident, well-evidenced decisions and demonstrate, if scrutinised later, that they acted reasonably and in the company’s best interests.

Our Specialist Services

Directors facing financial distress need advice that translates legal duties into practical, defensible decisions. Our services include:

We advise directors and boards on their statutory and fiduciary duties, including acting in the best interests of the company (and, once insolvency is likely, in the interests of creditors), exercising independent judgment and managing conflicts of interest.

Restructuring, Insolvency & Debt Recovery Work Highlights

Our specialist team has a wealth of experience advising directors on their duties and personal risk in financially distressed situations. A small number are included below:

Director
Instructed on behalf of a director to defend a claim brought by Administrators alleging preferential payments under s.239 of the Insolvency Act 1986, a transaction at an undervalue under s.238, and breach of directors’ duties.
Liquidators
Advising the Liquidators on a potential claim against the former director of a liquidated company regarding certain preferential payments (including director’s loan account repayments and pension contributions), potentially unlawful dividends, wrongful trading, and breach of directors’ duties.
Secured Charge Holder
Instructed on behalf of Secured Charge Holder to assist with the appointment of a Receiver.
London based hotel
Successfully achieved a rescue and solvent return of a company in administration running a large London based hotel.

What Our Clients Say

The team consistently displays a complete commitment to supporting you in getting the engagement completed successfully and efficiently.

Highly personable individuals across the team, able to translate their demonstrable strong technical knowledge into “easy to understand” language and advice.

Awards & Credentials

The Commercial Litigation Team is ranked Tier 1 in the Legal 500

Legal 500

The Commercial Litigation Team is ranked Band 2 by Chambers and Partners

Chambers and Partners

Aisha is listed as a Leading Partner in the Legal 500

Legal 500

Aisha is ranked Band 1 by Chambers and Partners

Chambers and Partners

The Property Litigation Team is ranked Tier 2 in the Legal 500

Legal 500

The Property Litigation Team is ranked Band 2 by Chambers and Partners

Chambers and Partners

Meet the Team

Meet the wider team

Our restructuring, insolvency and debt recovery solicitors advise businesses, creditors and investors across the full range of distressed situations, from early-stage planning through to formal proceedings. Talk to us today.

Aisha Wardell

Senior Partner
Commercial Litigation Team Dispute Resolution & Litigation Cardiff
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Jared Ursell

Partner
Commercial Litigation Team Dispute Resolution & Litigation Cardiff
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Huw Roffe

Partner
Commercial Litigation Team Dispute Resolution & Litigation Cardiff
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Our Expertise: We Also Advise On

Our team often intersects with other areas of business and commercial law. In addition to advising on directors’ duties and insolvency risk, we also provide a comprehensive range of legal services. Some of these include:

Full list of services about Services
Litigation and Dispute Resolution

Our expert litigation lawyers can assist businesses in resolving commercial disputes quickly and efficiently, from initial risk management to litigation. When appropriate, we will always explore alternative dispute resolution options.

Learn more about Dispute Resolution and Litigation
Corporate

From Series A funding and management buyouts to major acquisitions and full exits, we act on transactions at every stage of the business lifecycle.

Learn more about Corporate Law
Employment and HR

A full range of employment and HR legal advice including TUPE advice, tribunal defence, HR documentation and general employment advice and guidance.

Learn more about Employment & HR
Banking & Finance

Funding structures, loan facilities and financial arrangements to support your transaction.

Learn more about Banking & Finance
Need a law firm on a retainer with preferable rates?

Our Acuity Counsel Service provides you with your own dedicated team, with the ability to manage budget and control costs.

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General Enquiries

+44 (0)333 016 3553 [email protected] Connect on LinkedIn