Back to all jobsCase law examples where Directors/Shareholders have been found liable Add to shortlist
Client Details
- Member Since: Feb 2011
- Last Login: 14 May 2012
- Jobs Posted: 5
- Jobs Awarded: 2
- Paid out: $996
Category:Accounting/Legal > Legal
ID:55950
Title:Case law examples where Directors/Shareholders have been found liable
Location:Anywhere
Job Description
We are litigants in person claiming against a company and its directors. We need to find any examples of case law where either the directors have been found liable, rather than the company, or where the company and the directors have been found jointly liable.
The claim relates to verbal contracts made by specific individuals, but relating to a company. The directors have defended the claim saying that contracts were between individuals. The claim was subsequently amended to attach specific directors to the claim. The company has now gone into liquidation and the Directors are naturally now seeking avoid personal liability by hiding behind the company.
We are keen to determine if cases exist where directors have been found liable and if so, we will also need to have the details of the strongest examples.
Job Budget
Type:Fixed Price
Budget:£100 - £500 (Approx $157 - $784)
Additional Information
Attached Files: None
Bidding ends:Bidding Closed
Job Posted:01/02/2011 13:27
Clarification Board
S. M. on 01/02/2011 23:17I would bid but need to ask questions.
1) You say you are litigants in person - do you mean you contracted as individuals rather than a company.
2) How can company directors say they contracted as individuals if they contracted as a company.
3) Have you issued a Claim Form in any court.
4) How much is involved.
5) When did this occur.
6) Why were there no written contracts.
B. R. on 02/02/2011 10:29Hello again.Due to the length of my first email,not all of it was not all sent.The insolvency legislation,contains many types of situation under which Directors can be held to be personally liable for debts incurred by a company.I feel it would be very useful to have sight of the amended Particulars of Claim,together with the Defences filed.If you are alleging breaches of the Insolvency Acts or fraud etc,then those allegations must be specifically pleaded prior to any hearing.Regards..
T. R. on 03/02/2011 18:11If the obstacle to instructing professional advisers is costs, have you considered instructing a solicitor on a 'no win, no fee' basis? Has this been explored?
B. R. on 08/02/2011 12:46Hello again Mark.I emailed you saying I would be pleased to help you with this problem. I am not certain if you are awaiting the deadline for the closing of bids, but wish to say I would be able to assist both efficiently and promptly.I imagine that since proceedings have been issued that an order for directions would have been made, and it is very important to keep to the procedural deadline.If you want me to help then please email me the documentation I have requested.Regards.
Here are some practical tips on staying safe
- Never pay any money to Clients and or provide sensitive details like your Bank information, Credit Card or Passwords
- Never accept a Job if you have been directed away from PeoplePerHour to another website
- Be cautious when providing your personal contact details (email, telephone number, instant message ID etc) before your Bid is accepted
- If you have been asked to send samples, put a watermark on them or send low resolution examples to avoid being exposed and not getting paid
- Don’t start work before your Bid is accepted and your Escrow deposit is made
- Keep your Escrow account topped up and ensure that you use the Private Message Board to track all pertinent details about the Job e.g. timelines, deliverables etc
- Before you supply final works to Clients, ensure you have adequate funds in Escrow
Remember: if something looks too good to be true, it probably is!
If you are in doubt of the legitimacy of a Job and or Client, let us know by Reporting the Job.
For further support on preventing and reporting fraud please contact the UK’s National fraud reporting centre at http://www.actionfraud.org.uk/ or outside the UK Fraud Watchers at {fraudWatchers}