Director Disqualification

Director Disqualification SpecialistsExpertly minimising and avoiding Director Disqualifications

  • Responding to Insolvency Service enquiries
  • Defending disqualification Proceedings
  • Negotiating disqualification Undertakings
  • Obtaining permission to remain a director despite disqualification
  • Advice on possible breach of a disqualification Order

Director disqualification claims are complex and require specialist advice at each stage of the process in order to minimise your chances of being disqualified for between 2 and 15 years.

Our team of Disqualification specialists have the experience and a proven track record of helping directors avoid disqualification so that they can continue to operate and develop their businesses without interference.

“Mathew provided an outstanding level of service, his knowledge and focus to the detail in his area of specialism is exceptional. The level of professionalism and rapid response that I was provided was first class and on no occasion was there a need to chase up outstanding matters. I had complete trust in this company with the professional advice and services they provided. Working with HA Solicitors was a pleasure, I couldn’t recommend their services highly enough!”

TM – Director Disqualification Client

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OUR EXPERTISE

log off icon Examples of our work
Responding to Insolvency Service enquiries
Advising directors on their exposure to financial and disqualification sanctions following the liquidation of their previous businesses. Helping directors tactically respond to enquiries and questionnaires from the Insolvency Service to avoid disqualification....more

Directors must resist the temptation to respond to the Insolvency Service with too much guesswork or personal opinion, which isn’t supported by any physical evidence; alternatively, need to be clear where they do not know something to categorically be true, as all responses will be used by the Insolvency Service in any subsequent director disqualification proceedings that may follow.  Directors must stick to what they know and be prepared to be asked to provide evidence to support anything and everything that they say.

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Negotiating disqualification undertakings
Specialist advice is needed to minimise disqualification periods for directors where a disqualification is inevitable. Our Director Disqualification team are experienced at negotiating the terms and wording of a disqualification undertaking in order to minimise the knock-on effects of the disqualifi...more

cation and enable directors to continue acting a a director, despite the disqualification.

 

Get in touch for advice on how and when it is appropriate to issue a “Permission to Act” application.

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Defending director disqualification proceedings
Assisting directors with strategy and their defence of disqualification proceedings in order to force the withdrawal of proceedings or a successful outcome at final trial – with the costs of the proceedings being compensated by the Secretary o...more

f State.

Director disqualification claims are specialist proceedings that require expert tactical awareness and thorough investigation of the allegations facing the director, often alongside accountants, in order to disprove or minimise the strength of any allegations before launching a successful defence.

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Obtaining “Permission to Act” as director despite disqualification
Disqualification is not the end of the line for directors. We've an enviable track record of assisting disqualified directors continue their careers by obtaining the Court's “Permission” for directors to continue as a director of their new business, despite being disqualified. In doing so, we advi...more

se tactically on how best to obtain “permission”by carefully structuring a director’s business and strategically involving professionals and third parties to improve the prospects of an application.

 

Finally, we are experienced at negotiating the minimum possible “conditions” required by the Secretary of State in respect of a director’s ongoing directorship.

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Disqualification Calculator

live case reports

What is the correct Disqualification Period?  Take a look at our up-to-date live case reports of actual Director Disqualifications ordered by the Court or agreed by Undertaking.  For further details on any of the cases, please do get in touch.

Select any of the below “periods” to see live examples of recent Director Disqualifications

Disqualification period: 3.5 year Undertaking (Sept 2016)
Allegations: Non-payment of VAT/PAYE (£90k).
Case Summary: Restauranteur disqualified for failing to make sure the company attended to its tax obligations leaving an estimated deficiency to creditors in excess of £178,000 and outstanding VAT and PAYE bills totalling £90,000.

Disqualification period: 5 years (May 2016)
Allegations: Non-payment of VAT/NIC/PAYE (£170k); unexplained cash withdrawals of £80,000.
Case Summary: The sole director of a community centre for arts and live music in Hackney has been disqualified by Court Order for failing to pay tax and failing to properly maintain and/or deliver up the company’s accounting records.

Disqualification period: 5 year Undertaking (June 2016)
Allegations: Non-payment of VAT/NIC/PAYE (£1,021,477); trading whilst insolvent; acting as director whilst disqualified.
Case Summary: Father and son directors have been disqualified for a combined eight and a half years (5 and 3.5 years respectively) for causing and allowing a company to trade whilst insolvent being at the risk of HMRC and to the father’s benefit.

ALL LIVE CASE REPORTS OF DIRECTOR DISQUALIFICATIONS ARE TAKEN FROM PUBLIC INSOLVENCY SERVICE ANNOUNCEMENTS AT  https://www.gov.uk/government/announcements

Disqualification period: 9 year Undertaking (August 2017)
Allegations: Failure to keep records / Creditors of £2,119,589
Case Summary: The director of a company which traded in fizzy drinks, car parts and accident data has been disqualified for 9 years for failing to ensure the company maintained sufficient accounting records, which resulted in the company being unable to account for or explain numerous substantial payments out of the company’s account.

Disqualification period: 9 year Undertaking (August 2017)
Allegations: Failure to disclose the existence of a winding up petition when entering into a joint loan facility agreement.
Case Summary: A director of a television programming and broadcasting business, which went into voluntary liquidation in 2015, has been disqualified as a Director for 9 years for failing to disclose that a Winding-Up Petition had been issued against the company before entering into a joint loan facility agreement. The company drew down £523,396 in breach of the terms and conditions of the agreement, whilst also owing £1,975,128 to creditors.

Disqualification period: 7 year Undertaking (July 2017)
Allegations: Breach of fiduciary duty not to place personal interests over those of the company.
Case Summary: A director of a well-known pizza franchise has been disqualified for 7 years by undertaking for breaching his fiduciary duties as director in that he unreasonably caused payments of at least £205,000 to be made to a partnership in which he had a personal interest.

Disqualification period: 7 year Undertaking (August 2017)
Allegations: Failure to maintain company accounting records.
Case Summary: A director of a Fish and Chip takeaway in Aberdeen has been disqualified for 7 years for failing to ensure the company maintained proper accounting records. The company had liabilities of £94,808 and was placed into compulsory liquidation following a Winding- Up Petition filed by HM Revenue & Customs.

Disqualification period: 6 year Undertaking (July 2017)
Allegations: Failure to comply with immigration law
Case Summary: An Indian restaurant director has been disqualified for 6 years for failing to carry out full immigration checks and retaining the relevant documentation, which resulted in the employment of an illegal worker; also a penalty notice of £15,000 issued by the Home Office. The restaurant was placed into Liquidation in August 2016.

Disqualification period: 7 year Undertaking (February 2017)
Allegations: Employing illegal workers / Creditors of £223,547.
Case Summary: An Indian restaurant Director has been disqualified after Home Office Immigration Enforcement Officers established the restaurant was employing five workers who were not eligible to work in the UK.

Disqualification period: 7 year Undertaking (February 2017)
Allegations: Failure to keep records / Creditors of £895,352.
Case Summary: Heating company Director has been disqualified for failing to keep adequate accounting records explaining over £500k of payments and for causing the company to distribute advertising and marketing material in breach of advertising industry codes (through cold calling).

Disqualification period: 8 years (October 2016)
Allegations: Failure to pay HMRC liability of £191,136; personal payments of £423,024 at time when company was insolvent.
Case Summary: IT Consultant disqualified for failure to pay the company’s HMRC liability and, after communicating an intention to liquidate the company, paying over £40,000 to himself and his family.

Disqualification period: 6-8 years (July 2016)
Allegations: Employing illegal workers; attempting to avoid resulting fines by liquidating companies.
Case Summary: 9 Directors of six restaurants from Lincolnshire to West Sussex have been disqualified for between 6 and 8 years for breaches of immigration law and for placing their businesses into liquidation in order to avoid paying the fines imposed for employing illegal workers.

Disqualification period: 7 year Court Order (April 2016)
Allegations: Employing illegal workers; creditors of £139,622, including fines of £25,000.
Case Summary: Director of a Bristol based Hotel company disqualified for employing five workers who were not eligible to work in the UK; company owing £139,622 to creditors including fines imposed by Home Office Immigration and Enforcement for employing illegal workers.

Disqualification period: 8 years (July 2016)
Allegations: Non-payment of VAT (£134,438) and PAYE/NIC (£35,369); trading to the detriment of HMRC.
Case Summary: Two directors of a company that provided management accounting services to schools have been disqualified for neglecting the company’s tax affairs.

Disqualification period: 8.5 year Undertaking (April 2016)
Allegations: Non-payment of VAT (£509,370); unexplained transactions totalling £1,142,960.
Case Summary: Haulier disqualified by Undertaking for failing to properly deal with the company’s tax affairs, particularly in regards to VAT; also for failing to ensure that adequate and complete accounting records were maintained by the company.

Disqualification period: 7 year Undertaking (May 2016)
Allegations: Acting to the detriment of customers; breach of consumer protection legislation.
Case Summary: The Insolvency Service found the company failed to deal with complaints received from customers in accordance with the law and of the company’s liabilities of £198,780 at liquidation, £81,485 related to losses incurred by customers as a result of the company’s breaches of consumer protection legislation.

ALL LIVE CASE REPORTS OF DIRECTOR DISQUALIFICATIONS ARE TAKEN FROM PUBLIC INSOLVENCY SERVICE ANNOUNCEMENTS AT  https://www.gov.uk/government/announcements

Disqualification period: 15 years (August 2016)
Allegations: Involvement in fraudulent evasion of VAT; wrongful tax reclaims of £19,376,461 from HMRC.
Case Summary: Director of a mobile phone wholesaler disqualified for the maximum period for his involvement in tax evasion and wrongful tax reclaims, which he either knew of or ought reasonably to have known of.

Disqualification period: 12 years (July 2016)
Allegations: Fraud causing £264,497 loss to suppliers and creditors of £506,937 at liquidation.
Case Summary: The former director of a company set up to provide scaffolding hire and other related services has been disqualified by Court Order following a Winding up Petition by HMRC.

Disqualification period: 11 years (May 2016)
Allegations: Diverting company funds to personal accounts (£161,800); failure to maintain accounting records; filing inaccurate financial statements at Companies House.
Case Summary: Directors of digital and mobile healthcare software company have been disqualified for 20 years (11 and 9 years between them) for falsifying accounts and manipulating bank data.

Disqualification period: 14 years (April 2016)
Allegations: Misleading public with sham investments.
Case Summary: The director of the carbon credits company made sales totalling £681,000 by cold calling members of the public to sell them Voluntary Emission Reductions charging them two and five times the price it had paid its supplier making them a non-viable investment.

Disqualification period: 14 years (March 2016)
Allegations: Misleading public with sham investments.
Case Summary: Director responsible for sales of approximately half a million pounds by cold calling members of the public to sell them Rare Earth Metals. The REMs sold to members of the public were wholly unsuitable as an investment as there was no market for REMs without industry certification and in the quantities sold by NFA.

ALL LIVE CASE REPORTS OF DIRECTOR DISQUALIFICATIONS ARE TAKEN FROM PUBLIC INSOLVENCY SERVICE ANNOUNCEMENTS AT  https://www.gov.uk/government/announcements

Disqualification period: 9 year Undertaking (August 2017)
Allegations: Failure to keep records / Creditors of £2,119,589
Case Summary: The director of a company which traded in fizzy drinks, car parts and accident data has been disqualified for 9 years for failing to ensure the company maintained sufficient accounting records, which resulted in the company being unable to account for or explain numerous substantial payments out of the company’s account.

Disqualification period: 9 year Undertaking (August 2017)
Allegations: Failure to disclose the existence of a winding up petition when entering into a joint loan facility agreement.
Case Summary: A director of a television programming and broadcasting business, which went into voluntary liquidation in 2015, has been disqualified as a Director for 9 years for failing to disclose that a Winding-Up Petition had been issued against the company before entering into a joint loan facility agreement. The company drew down £523,396 in breach of the terms and conditions of the agreement, whilst also owing £1,975,128 to creditors.

Disqualification period: 7 year Undertaking (July 2017)
Allegations: Breach of fiduciary duty not to place personal interests over those of the company.
Case Summary: A director of a well-known pizza franchise has been disqualified for 7 years by undertaking for breaching his fiduciary duties as director in that he unreasonably caused payments of at least £205,000 to be made to a partnership in which he had a personal interest.

Disqualification period: 7 year Undertaking (August 2017)
Allegations: Failure to maintain company accounting records.
Case Summary: A director of a Fish and Chip takeaway in Aberdeen has been disqualified for 7 years for failing to ensure the company maintained proper accounting records. The company had liabilities of £94,808 and was placed into compulsory liquidation following a Winding- Up Petition filed by HM Revenue & Customs.

Disqualification period: 6 year Undertaking (July 2017)
Allegations: Failure to comply with immigration law
Case Summary: An Indian restaurant director has been disqualified for 6 years for failing to carry out full immigration checks and retaining the relevant documentation, which resulted in the employment of an illegal worker; also a penalty notice of £15,000 issued by the Home Office. The restaurant was placed into Liquidation in August 2016.

Disqualification period: 7 year Undertaking (February 2017)
Allegations: Employing illegal workers / Creditors of £223,547.
Case Summary: An Indian restaurant Director has been disqualified after Home Office Immigration Enforcement Officers established the restaurant was employing five workers who were not eligible to work in the UK.

Disqualification period: 7 year Undertaking (February 2017)
Allegations: Failure to keep records / Creditors of £895,352.
Case Summary: Heating company Director has been disqualified for failing to keep adequate accounting records explaining over £500k of payments and for causing the company to distribute advertising and marketing material in breach of advertising industry codes (through cold calling).

Disqualification period: 15 years (August 2016)
Allegations: Involvement in fraudulent evasion of VAT; wrongful tax reclaims of £19,376,461 from HMRC.
Case Summary: Director of a mobile phone wholesaler disqualified for the maximum period for his involvement in tax evasion and wrongful tax reclaims, which he either knew of or ought reasonably to have known of.

Disqualification period: 8 years (October 2016)
Allegations: Failure to pay HMRC liability of £191,136; personal payments of £423,024 at time when company was insolvent.
Case Summary: IT Consultant disqualified for failure to pay the company’s HMRC liability and, after communicating an intention to liquidate the company, paying over £40,000 to himself and his family.

Disqualification period: 3.5 year Undertaking (Sept 2016)
Allegations: Non-payment of VAT/PAYE (£90k).
Case Summary: Restauranteur disqualified for failing to make sure the company attended to its tax obligations leaving an estimated deficiency to creditors in excess of £178,000 and outstanding VAT and PAYE bills totalling £90,000.

Disqualification period: 6-8 years (July 2016)
Allegations: Employing illegal workers; attempting to avoid resulting fines by liquidating companies.
Case Summary: 9 Directors of six restaurants from Lincolnshire to West Sussex have been disqualified for between 6 and 8 years for breaches of immigration law and for placing their businesses into liquidation in order to avoid paying the fines imposed for employing illegal workers.

Disqualification period: 8 years (July 2016)
Allegations: Non-payment of VAT (£134,438) and PAYE/NIC (£35,369); trading to the detriment of HMRC.
Case Summary: Two directors of a company that provided management accounting services to schools have been disqualified for neglecting the company’s tax affairs.

Disqualification period: 12 years (July 2016)
Allegations: Fraud causing £264,497 loss to suppliers and creditors of £506,937 at liquidation.
Case Summary: The former director of a company set up to provide scaffolding hire and other related services has been disqualified by Court Order following a Winding up Petition by HMRC.

Disqualification period: 5 years (May 2016)
Allegations: Non-payment of VAT/NIC/PAYE (£170k); unexplained cash withdrawals of £80,000.
Case Summary: The sole director of a community centre for arts and live music in Hackney has been disqualified by Court Order for failing to pay tax and failing to properly maintain and/or deliver up the company’s accounting records.

Disqualification period: 11 years (May 2016)
Allegations: Diverting company funds to personal accounts (£161,800); failure to maintain accounting records; filing inaccurate financial statements at Companies House.
Case Summary: Directors of digital and mobile healthcare software company have been disqualified for 20 years (11 and 9 years between them) for falsifying accounts and manipulating bank data.

Disqualification period: 8.5 years (April 2016)
Allegations: Non-payment of VAT (£509,370); unexplained transactions totalling £1,142,960.
Case Summary: Haulier disqualified by Undertaking for failing to properly deal with the company’s tax affairs, particularly in regards to VAT; also for failing to ensure that adequate and complete accounting records were maintained by the company.

Disqualification period: 14 years (April 2016)
Allegations: Misleading public with sham investments.
Case Summary: The director of the carbon credits company made sales totalling £681,000 by cold calling members of the public to sell them Voluntary Emission Reductions charging them two and five times the price it had paid its supplier making them a non-viable investment.

ALL LIVE CASE REPORTS OF DIRECTOR DISQUALIFICATIONS ARE TAKEN FROM PUBLIC INSOLVENCY SERVICE ANNOUNCEMENTS AT  https://www.gov.uk/government/announcements

About Us

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Business focused

Our values place commercial decisions at the fore. Our clients appreciate us giving straight answers and solutions for their business.

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