Marlene Henderson
Partner
Nottingham
marlene.henderson@brownejacobson.com
+44 (0)115 976 6133
Marlene is partner in our financial and professional risk team. Marlene specialises in defending claims multi-party against solicitors, accountants and a number of emerging professionals such as interior designers and management consultants, in addition to dealing with D&O claims and shares disputes. She has significant expertise in advising on indemnity issues affecting professional indemnity policies and management liability portfolio policies.
Featured experience
D&O
Defending D&O claim where s.994 Petition is brought by minority shareholder where it is alleged that the directors and majority shareholders had wrongly reviewed the remuneration structure so as to cause unfair prejudice to the petitioner by refusing to pay dividend and paying excessive salaries to themselves. Petitioner further contends that the Insured is a quasi-partnership and therefore there's a legitimate expectation that he'd continue to be involved in the management of the company.
Coverage Advice
Advising on coverage in relation to four separate claims against the policyholder raising allegations of a coordinated effort by policyholder and others to destroy the Claimants by embarking on a series of defamation events, caused negative articles to be published in the Wall Street Journal against the Claimants and participated in wolfpack conspiracy allegations of financial impropriety.
Commercial Settlement Advice
Acting in a multi-party buyer finance dispute involving investment properties in Turks and Caicos. Provided key advice on risks and achieved commercial settlement at mediation.
Coverage Advice
Advising on coverage in relation to an accountant's negligence claim concerning a management buyout of a company of which the claimant was a director. The claimant alleged the accountant was also the company's finance director and that he fraudulently misrepresentation key investment information, including the fact that he was part of the investment purchaser.
Testimonials
"She is excellent and great to work with."
"She is a delight to work with, she's very supportive and she has a lot of common sense."
"A supportive lawyer who is brilliant at building relationships with clients."
You may be interested in...
Published Article
ClientEarth claim may expand scope of directors' duties
Legal Update
Insurance Insights 2023
Legal Update
Trigger happy when directors’ duties are the target?
In a judgment handed down yesterday the Supreme Court has affirmed that a so called “creditor duty” exists for directors such that in some circumstances company directors are required to act in accordance with, or to consider the interests of creditors. Those circumstances potentially arise when a company is insolvent or where there is a “probability” of an insolvency. We explore below the “trigger” for such a test to apply and its implications.