Directors and Officers

Directors and Officers are heavily regulated. The enactment and commencement of the Companies Act 2014 (“the Act”) brought some much-needed clarity to the area but it also plainly set out the extensive scope of the duties that are imposed on directors.

Ogier Leman act for directors and officers, as well as their Insurers. We assess coverage, prepare coverage opinions and investigate directors’ and officers’ liability claims. We defend coverage actions in courts and at arbitration. We also act in the defense of claims in a pragmatic, efficient and cost-effective manner.

We act for Directors and Officers both in a direct capacity and when instructed by Insurers. This coupled with the strength of our corporate and commercial departments provide our clients with the experience they need.

• We act for directors and officers directly in advising them with regard to any company disputes, shareholder disputes, corporate governance and regulatory matters.
• We act for Insurers in providing coverage advices and acting in coverage disputes.
• We act for Insurers and their Insureds in the defence of claims including but not limited to reckless trading/insolvency claims, employment, health and safety, white collar crime, civil fraud, regulatory and environmental matters.

• Acted directly for directors who instructed us to:
  • petition to wind up companies;
  • apply under Section 232 of the Act for an Order to make certain directors liable for damages;
  • apply under Section 747(1) of the Act for an Order appointing an Inspector to investigate the affairs of the Companies;
  • make or defend restriction applications under the Act; and
  • apply for injunctive relief.
• Provided coverage advices to global insurers and reinsurers.
• Representing global insurers in insurance arbitration in both prosecution and defence.
• Representing global insurers and insureds in defence of claims.
• Advising directors and officers in regulatory investigations and proceedings.