Directors and business owners
Claims against directors after insolvency.
Advice and advocacy in substantial claims arising from the management of a company before or during financial distress.
Potential claims
Director liability and company assets.
- Misfeasance and alleged breach of directors' or fiduciary duties
- Wrongful or fraudulent trading
- Transactions at an undervalue, preferences and dealings with company assets
- Dishonest assistance, knowing receipt and connected recovery claims
- Director-disqualification investigations, undertakings and proceedings
Early analysis
Conduct, evidence and commercial context.
- The capacity in which each person acted and the duties said to arise
- The company's financial position and information available at the relevant time
- Contemporaneous records, external professional advice and preservation of evidence
- Limitation, delay, disclosure and the relationship between overlapping claims
Related company-control issues
Removal, responsibility and continued management.
Insolvency-related claims may interact with a director's removal, authority, ownership interest, access to company information or ability to remain involved in management. Alexander also advises on director-disqualification investigations and applications for permission to act.
Representative experience
Biscoe v Milner
Alexander acted with Annie Townley for two defendants in a ten-day High Court trial involving claims of fraudulent and wrongful trading, misrepresentation, dishonest assistance, breach of duty, transactions at an undervalue and constructive trusteeship. All claims against his clients failed.
Palmer and Powell v Challis and others
Alexander acted as sole counsel for three directors facing liquidator claims exceeding £5 million. The proceedings involved alleged director liability, historic company records, limitation and contested disclosure, and resolved following case-management and disclosure steps.
Instruction route
Professional, Licensed Access and suitable Public Access work.
Initial enquiries should identify the parties, the enquirer's role, any proceedings or formal deadline, the approximate value and whether a solicitor is already instructed. Do not send documents or detailed confidential information before conflicts and suitability have been checked.