Short answer
Prepare company documents, board minutes, shareholder records, accounts, contracts, conflict evidence, loss calculations, correspondence and any derivative-claim or unfair-prejudice papers.
Quick checklist
Start with these
Best order
How to organise the first pack
- Identify the director, decision and duty issue in one page.
- Add company constitutional documents and control records.
- Group financial and contract evidence by transaction.
- Explain who suffered loss and what remedy is being considered.
Define The Company Context
Start with the company name, role of each director or shareholder, shareholdings, articles, any shareholders agreement and the decision or conduct being challenged.
This page is general preparation information only. It does not advise whether a duty has been breached or which claim should be issued.
- Companies House extract, articles of association and shareholders agreement.
- Board minutes, written resolutions, shareholder resolutions and voting records.
- Contracts, invoices, bank records, management accounts and valuation material.
- Emails, messages and notes about conflicts, opportunities, loans, dividends or asset transfers.
- Pre-action correspondence, draft claim, derivative-claim permission papers or unfair-prejudice petition if prepared.
Separate Duties, Loss And Remedy
The Companies Act 2006 sets out statutory general duties for directors, but a useful enquiry should avoid simply listing duties. Explain the specific conduct, why it matters, who suffered loss and what practical remedy is being considered.
If the dispute is urgent, identify whether there is an asset-transfer, competition, confidential-information or company-control issue that may require swift advice.
Procedure And Direct Access Scope
Derivative claims have specific permission requirements under CPR Part 19 and Practice Direction 19C. Unfair prejudice and other company claims follow different routes.
A barrister may advise on merits, remedy, evidence, pleadings or a hearing. Company filings, service, ongoing correspondence, disclosure, settlement mechanics and insolvency-risk management may require solicitor support.
Avoid delays
What not to send first
- Sending allegations without company records.
- Mixing company loss and shareholder loss without explanation.
- Omitting insolvency, creditor or urgent asset-transfer context.
- Assuming a derivative claim and unfair prejudice petition are interchangeable.
Source note: source-checked against Companies Act 2006 director-duty provisions and CPR derivative-claim procedure on 15 September 2026. Director-duty disputes can overlap with derivative claims, unfair prejudice, insolvency, employment, fiduciary duties and urgent injunctions, so specialist company-law review is needed before publication.
Claim and official-source ledger
- Chapter 2 of Part 10 of the Companies Act 2006 sets out statutory general duties of directors.
- Companies Act 2006, Part 10, Chapter 2 — legislation.gov.uk; checked .
- CPR Part 19 and Practice Direction 19C include procedure for derivative claims and permission applications.
- Practice Direction 19C - Derivative Claims — Civil Procedure Rules - Justice UK; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Director Duties Breach Barrister Evidence Guide FAQs
Can a barrister advise on director duties?
A commercial or company barrister may advise on the duties, evidence, remedies, litigation route, drafting or representation where the task can be properly scoped.
What documents matter most?
Send the company articles, shareholders agreement, board minutes, accounts, contracts, conflict documents and correspondence showing what decision is being challenged.
Is this the same as an unfair prejudice petition?
Not necessarily. Director-duty issues may overlap with unfair prejudice, derivative claims or other remedies, but the right route depends on who suffered the loss and what remedy is sought.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
