Tyro class action, page-38

you're correct in that it's very hard to prove director negligence and almost always falls on the entity liability, d&o class actions are a clear example of this. you raise a valid scenario however, but again, I agree, it's very hard to prove and will unlikely result in any director negligence
- it's most likely their professional indemnity policy (if it hasn't done so already) would be getting hammered with notifications, investigation and defence costs etc - this is the most likely policy to respond and is the most likely method of a class action.