Our experienced corporate legal liability team brings together commercial awareness and legal specialism to provide effective dispute resolution in a wide range of corporate legal liability scenarios and claims that may also involve directors and officers, insolvency and regulatory issues and claims.
Our national team of insurance practitioners represent insurers and policyholders in disputes involving the liability of directors and officers of SMEs, non-profit entities, as well as limited and general partnerships. We act for insurers in assessing policy response, preparing coverage opinions, as well as the defence of coverage issues in legal proceedings or at arbitration.
We act for directors and officers and their companies in both civil and criminal proceedings and scenarios. We often defend directors in shareholder disputes, directors and entities in connection with wrongful trading/insolvency claims, health and safety, employment, civil fraud, regulatory and environmental matters. Our full-service law firm with national experience allows for collaborative work across a wide range of industries and sectors to provide expert advice in the defence of claims and achieving the best outcomes for our clients.
Advising insurers on policy terms and coverage.
Defending coverage actions in court and arbitration.
Defending corporate legal liability claims against the company.
Advising and defending shareholders in disputes against the company or directors and officers including Corporate Manslaughter.
Advising the company and its board on regulatory investigations and proceedings.
Drafting/revising policy wordings.
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.
The Supreme Court has unanimously dismissed the BTI v Sequana appeal and reviewed the existence, content and engagement of the so-called ‘creditor duty’; being the point at which the interest of creditors is said to intrude upon the decision-making of directors of companies in financial distress.
Whilst the weather conditions are predicted to be cooling down this week, the Health and Safety Executive (HSE) is asking employers and businesses to consider adapting to recurrent warmer weather conditions for the safety and benefit of their staff. It asks employers to ensure that extreme heat becomes a firm part of longer term risk management. Climate change in any event is something all businesses will need to consider as the warmer weather becomes more frequent - extreme heat is something that will impact employers on a day to day basis.
The decision in Crown Prosecution Service v Aquila Advisory Limited provides welcome clarification on the interplay between POCA and common law recovery. It seems companies may still be subject to the POCA regime and stripped of a potential windfall which the CPS did not avail themselves of in this case.
With the Government predicting that up to 20% of the workforce could be off at the same time during the pandemic and a period of economic uncertainty expected to follow, we are likely to see a significant rise in claims against professionals stemming indirectly from the Covid-19 outbreak.
Boards across the country are working tirelessly to respond to an ever-evolving situation as quickly as they can - with one eye on trying to protect the business, employees and wider stakeholders and the other on ensuring that they are always acting in the best interests of their shareholders.
On Saturday, 28 March 2020, Business Secretary, Alok Sharma MP, announced changes to the insolvency regime as part of the governments overriding objective.
As part of the Government’s package to support businesses to manage the impact of COVID-19, it has announced that companies will from today (25 March 2020) be given an additional 3 month period to file their accounts at Companies House.
The Chancellor, Rishi Sunak has just delivered his first budget and, in a blow to many who were hoping for a late reprieve, the Government has confirmed that IR35 changes which had long been expected are continuing next month.
On 16 July 2019 the Serious Fraud Office released details of the Deferred Prosecution Agreement reached with Sarclad Ltd in July 2016.
Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.
The Court of Appeal has set out six steps to be considered when applying the ‘SAAMCo’ scope of duty principle in auditors’ negligence cases.
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