The Henmans dispute resolution team offers a quality alternative to London practices for D&O disputes. We specialise in offering a high standard of service, but at lower rates than London firms, thereby allowing the costs to be kept proportionate to the amount in dispute.
The team has a wide range of experience acting both for and against directors and officers of companies including, specifically, acting for those directors and officers who have the benefit of D&O insurance.In addition, we have significant experience of advising on policy coverage.
Our recent case highlights include:
Shareholder Claims
- Acting in substantial value multiparty dispute between a company and its former director with professional advisors/consultants drawn in.The director was pursuing an unfair prejudice action and the company alleged the director exceeded/abused his powers/responsibilities, including misappropriating the company’s IP for the use of his new business
- Representing the sellers of a company, in which they retained a minority shareholding, in a claim for unfair prejudice. The purchasers raised various claims, valued at +£20m, alleging breach of warranty and misrepresentation arising from the SPA. The dispute also involved claims for breach of the pre-emption provisions in the Shareholders Agreement and Articles and claims arising from the breach of DPA and RIPA
Claims arising from directors acting outside of their powers.
- Successfully defending a former director in respect of a claim for fraud and breach of fiduciary duty in respect of the alleged misappropriation of company funds (the case was successfully defended at first instance and the decision upheld by the Court of Appeal)
- Acting in a claim against the administrator of a pension scheme for incorrect application of monies to an employee’s fund
- Representing a director of a trust company where he is alleged to have put the collateral interest of one particular beneficiary of the trusts ahead of the interests of the company as a whole /ordinary shareholders and thus failed to act bona fides in the latter’s interests
- Acting for party to an action for breach of duties brought against a former director and others, arising from a boardroom split and setting up of competing businesses.It was alleged that there was a conspiracy to misuse confidential information and intellectual property
- Acting in claim against former director for acting outside scope of authority in signing collateral warranties and committing company to uninsured risks
Regulatory Claims
- Advising a sales and marketing company in respect of a prosecution by Trading Standards for breach of the Food & Environmental Protection Act and subordinate legislation.
For further information please contact Andrew Crocombe a partner in the Dispute Resolution department on 01865 781059 (andrew.crocombe@henmansllp.co.uk).