Our Expertise

Director Roles Duties

Expert Legal Problem Solvers

Extensive Professional Industry Experience

Strategic & Tactical Legal Advisory Services

What we do best

Over 10 years of experience.

At Mercantile Barristers, our barristers are adept at understanding the standards required of decision-makers and leaders in your business, advising on the most appropriate form of agreements to curb or expand a director’s authority and drafting appropriate employment or service contracts to protect the business.

A director’s service contract must include clauses that are required from them. A company may want to impose specific duties on the director, which should be included in the service agreement and the consequences of failure to comply.

It is not uncommon that directors may also hold shares in the company. As such, shareholders’ agreements and employment or service contracts should never contradict each other but should always work together to stipulate the consequences for breach of either document.

Why Choose Us

Our Direct Access Barristers

Multifaceted & Interdisciplinary

Our barristers in London are cross qualified so you don’t have to go from one solicitor’s office on the High Street to barristers’ chambers at the Inns of Court.

Excellent Value

A barrister usually has lower overheads, so this will usually be more economical than retaining the solicitor alone and will cost less than instructing both.

Maximum Efficiency

You get the earliest possible direct access to the specialist – not just when a problem gets to Court. This could save you the headache, heartache and expense of avoidable litigation.

Full Transparency

You will normally know in advance the basis upon which the work will be charged, as well as your advisors view on likely prospects of success.

How we're different

Value Adding Approach

Our Approach

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

Mercantile Barristers - Process of Lquidation

Swift & Decisive

Whether by adjudication, arbitration, or litigation, Mercantile Barristers members will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

Company & Commercial Law

Case Studies

Company & Commercial Law Case Studies

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Company & Commercial Law

Frequently Asked Questions

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Can a director be insured or indemnified against claims by the company?

A company can, but they are not obliged to indemnify a director if they pertain to specific proceedings brought against the theme by third parties.

To whom do directors owe their general duties?

The general duties are owed to the company the director holds the position for, not to a group of companies of shareholders.

The company can take action against the director if they deem there has been a breach of duty.

What are examples of clauses to include in a director's contract?

A director to act within their powers
Promote the success of the company
Exercise independent judgment
Exercise reasonable care, skill, and diligence
Avoid conflicts of interest
Avoid accepting third-party benefits and declaring all personal interests in proposed transactions.

What authority do directors have?

The Companies Act 2006 governs the general duties of a director of a UK limited company. Directors have the authority to bind the company to contractual arrangements and obligations and to incur liabilities on its behalf.

This authority has certain caveats that prospective directors and shareholders must consider. Directors are usually company employees, although they will have more power and responsibility than their colleagues. Therefore, their rights, duties and authority must be documented appropriately within their employment or service contracts.

What is an example of contradictions with directors?

For example, a majority shareholder may not want a director that has been dismissed for gross misconduct continuing to hold shares in the company. Our barristers are available to advise on such provisions.