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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10649
Experience:  30 years as a practising solicitor.
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Can a director of a ltd company that has gone into liquidation

Customer Question

Can a director of a ltd company that has gone into liquidation be sued by a former client for poor work 4yrs later
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
I was working for a company that built a house for a client, the company has since gone into liquidation and the client has asked the director to put the work in order their are various circumstances that lead to work not being acceptable but nothing was said at the time as I was in charge of the job and have been asked to contribute towards the cost and if he refuses to go along he has been advised they will sue him personally.
Expert:  Jo C. replied 3 years ago.
Thanks.

This is actually a question of whether or not you can be made to pay as an employee which is probably more of an employment question.

I will pass this onto an employment lawyer for you.
Customer: replied 3 years ago.
To be honest I am more interested in if the director of the company can be made to pay as I only worked freelance for the company ,so if he can be sued then I will feel morally obliged to contribute. Thanks
Expert:  JGM replied 3 years ago.
Thank you for your question.

The director of the company cannot be sued personally as there is no contractual relationship between him as an individual and the client, unless the director took on personal liability to the client at the time.

The circumstances in which a director of a company can be sued personally are few and far between and are typically where the liquidator sues the directors of a company in liquidation, for example, because of fraudulent transactions.

That is not the case here and any attempt to sue the director personally will fail.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10649
Experience: 30 years as a practising solicitor.
JGM and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

it has been suggested that he may be sued under the duty of care part of the directorship.

Expert:  JGM replied 3 years ago.
No, he has a duty of care to the company. The company has a duty of care to the client.

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