📰 Breaking News: Lessons Learnt & Insights from DSTBTD Restructuring Plan

Can I be sued personally if I make the wrong call right now?

The possibility of being sued personally depends on whether your decision constitutes a breach of directors' duties rather than simply being an unsuccessful business judgment. UK law recognizes that directors must make difficult decisions under uncertainty, and courts generally respect honest business decisions made in good faith, even if they turn out badly. However, you can face personal liability if your decisions breach legal duties, particularly once insolvency is likely. For example, if you decide to continue trading when there's no realistic prospect of avoiding insolvency, and this causes additional losses to creditors, you may be sued for wrongful trading. If you make payments to certain creditors that unfairly prefer them over others, liquidators can bring preference claims and potentially pursue personal liability. If you dispose of company assets at undervalue to protect them from creditors, this constitutes misfeasance and creates personal exposure. The key question isn't whether your decision succeeds, but whether you acted reasonably and in creditors' best interests given what you knew at the time. To protect yourself: document your decision-making process thoroughly through board minutes; show that you considered all available options; demonstrate that you took professional advice where appropriate; prove that you prioritized creditor interests once insolvency became likely; and maintain accurate financial records throughout. If you're making decisions during a period of financial distress, you should consult an insolvency practitioner before taking significant actions like continuing to trade, taking on new debt, selling assets, or making large payments to creditors. Courts assess directors against the standard of a reasonably diligent person with your knowledge and experience—you're not expected to be perfect, but you are expected to act responsibly and honestly. If you're genuinely uncertain about a major decision right now, the safest course is to seek professional advice immediately rather than hoping for the best; the cost of advice is trivial compared to the cost of personal liability if you get it wrong.

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