Letter of claim—breach of director’s duties

Produced in partnership with Richard Clayman of Kingsley Napley and Anna O’Carroll of Kingsley Napley
Precedents

Letter of claim—breach of director’s duties

Produced in partnership with Richard Clayman of Kingsley Napley and Anna O’Carroll of Kingsley Napley

Precedents
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[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS]

FAO [RELEVANT NAME]

[NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN]

[ADDRESS LINE 1]

[ADDRESS LINE 2]

[POSTCODE]

[DATE]

Dear [insert]

[PROSPECTIVE CLAIMANT’S NAME]—claim for breach of duty against [PROSPECTIVE DEFENDANT’S NAME]

    1. 1

      [We write further to our letter dated [insert date of previous correspondence, if any].]

    1. 2

      [As you know, we OR We] are instructed by [insert client’s full name] of [insert full address]. This is our client’s letter of claim against [you OR [name of defendant] OR further to the breach of [your OR his/her] duties as director of [insert company name] (‘the Company’).

    1. 3

      [If you have OR [name of defendant] has ] relevant insurance in place, the insurer should be notified of this claim immediately. We would be grateful if you could kindly confirm the identity of the insurer by return.]

    1. 4

      This letter is written to you pursuant to the Practice Direction for Pre Action Conduct and Protocols under the Civil Procedure Rules (‘the Practice Direction’),

Richard Clayman
Richard Clayman

Partner, Kingsley Napley


My experience covers a broad range of commercial disputes, with a particular focus on civil fraud cases, and disputes involving shareholders, directors and partnerships. I act for both claimants and defendants, often in complex, multi-jurisdiction and high-value claims. I am experienced in obtaining a variety of interim remedies, including worldwide freezing orders, injunctions, security for costs and disclosure orders on behalf of his clients. 

I have successfully brought and defended various high-profile and legally significant cases. Notwithstanding this, I strive to find ways through conflict that meet my client’s objectives in an efficient and cost-effective way. 

I have acted for individual and corporate clients from a range of backgrounds and jurisdictions, and across an array of industries including sports and media, retail, sustainable development, construction, energy, finance and shipping.


Anna O’Carroll
Anna O’Carroll

Solicitor, Kingsley Napley


Anna is a solicitor in the Dispute Resolution team at Kingsley Napley LLP.
 
Anna acts in a broad range of disputes including high value corporate and contractual disputes, multi-jurisdictional fraud cases, intellectual property, and professional negligence claims.
 
She has particular expertise in acting for domestic and international clients on complex, multi-jurisdictional, trust, estate and Court of Protection disputes.

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Jurisdiction(s):
United Kingdom

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