Expertise
Directors’ duties and disqualification
Advice and representation in claims concerning directors’ conduct, insolvency-related liability and director-disqualification proceedings.
Experience and approach
Alexander advises and represents directors, companies, shareholders, office-holders and creditors in disputes concerning fiduciary duties, misfeasance, wrongful or fraudulent trading, transactions involving company assets and other allegations arising from the management of companies in distress. He also advises on director-disqualification investigations, proposed undertakings and proceedings, and applications for permission to act under section 17 of the Company Directors Disqualification Act 1986.
Issues that may require specialist counsel
When this expertise may be relevant.
- A director faces allegations concerning the management or use of company assets
- An office-holder is investigating misfeasance, breach of duty or trading claims
- The Insolvency Service is investigating conduct or proposing a disqualification undertaking
- A disqualified director requires permission to act in the management of a company
Selected work
- 01Breach of directors’ and fiduciary duties
- 02Misfeasance and office-holder claims
- 03Wrongful and fraudulent trading
- 04Director-disqualification investigations and proceedings
- 05Disqualification undertakings
- 06Section 17 permission-to-act applications
Representative matters
Directors’ duties and disqualification.
Brown v Bowthorpe Group and others
High Court unfair-prejudice proceedings
Sole counsel for the respondents, instructed by Geldards
Alexander acted as sole counsel for the respondents to a substantial section 994 petition involving alleged breaches of directors' duties, derivative-action issues and connected company, shareholder and insolvency questions. The proceedings were listed for a ten-day High Court trial in Leeds. The petition was withdrawn on the third day and a significant costs order was made in the respondents' favour, demonstrating trial advocacy and strategic handling of substantial unfair-prejudice proceedings.
Read the matter summary →Biscoe v Milner
[2021] EWHC 763 (Ch)
Counsel with Annie Townley for Belmonte Ltd and Richard Arnison, instructed by Hemingways Solicitors
Judge: Mr Justice Meade
Alexander represented the sixth and seventh respondents in a ten-day High Court trial concerning liquidator claims exceeding £3 million, including fraudulent trading, dishonest assistance and transactions at an undervalue. He successfully defended all claims advanced against his clients. The judgment demonstrates substantial trial, cross-examination and evidential experience in office-holder litigation involving serious fraud allegations and significant personal exposure.
Read the case and Alexander's role →Palmer and Powell as liquidators of Challis Ltd v Challis and others
High Court proceedings (2024)
Sole counsel for the directors, instructed by Nelsons
Alexander represented three directors facing claims brought by the liquidators of Challis Ltd exceeding £5 million. The proceedings involved alleged misfeasance, historic company records and contested disclosure. Following case-management and disclosure orders obtained against the liquidators, the dispute was resolved before trial. No settlement terms or unpublished material are disclosed.
Read the matter summary →Related legal analysis
Directors’ good faith, honesty and unfair prejudice.
Analysis of the Court of Appeal's treatment of directors’ duties, subjective good faith and the relationship between dishonest conduct and unfair-prejudice relief.
Read Case Digest No. 15