Directors’ liability

Directors and supervisory board members are regularly sued in their personal capacity for damages: by the company based on the improper performance of their duties, by the company’s creditors for a “wrongful act” (tort) or, where the company has gone bankrupt, by the trustee in bankruptcy based on clear mismanagement.

Lexence’s litigation lawyers are highly experienced in advising on and litigating directors’ liability and liability insurance claims, representing insurers, companies, individual directors and supervisory board members.

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Relevant experience

  • Advising the management board and supervisory board of a large healthcare institution in financial trouble;
  • Defending directors of several bankrupt real estate companies in actions for damages brought by unpaid creditors and the bankruptcy trustee;
  • Advising a housing association in connection with alleged misconduct by a director;
  • Litigation against a D&O liability insurer in connection with a dispute about the insurance coverage;
  • Defending trust office directors in both inquiry proceedings as well as liability cases.

Our specialisms within litigation