Equity Directors covers the duties and remedies connected with directors of a company where equity-based principles constrain or supplement statutory provisions. It includes fiduciary duties, duties of care and skill, and the availability of equitable remedies in corporate disputes, such as injunctions, interlocutory relief, and accounts of profits in cases of misfeasance or breach of duty. A solicitor practising in this area handles disputes between directors and shareholders, challenges to board decisions, and claims arising from alleged breaches of fiduciary duty, including derivative actions and unfair prejudice petitions. The work often hinges on the equitable roots of director conduct, the duties owed to the company and its shareholders, and the procedural routes in the High Court or Companies Court for urgent or complex relief.
What a solicitor handles in these matters
This area hinges on the specific duties that directors owe to the company and shareholders, the thresholds for breaching those duties, and the availability of equitable remedies. A solicitor will typically draft or respond to applications for injunctions or specific performance, pursue or defend derivative actions, advise on remedies for misfeasance, and navigate the Companies Act 2006 and related case-law to protect the company’s interests and resolve shareholder disputes. The practitioner may also advise on remedies such as unfair prejudice petitions and the imposition of remedies ordered by balance sheets and fiduciary accountability, with attention to regulatory expectations and potential personal liability.
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