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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

    Chambers & Partners, 2014 edition

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

    Legal 500, 2014 edition

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

    Chambers & Partners 2013 edition

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    "Adept at dealing with cases that have an international dimension"

    Chambers & Partners 2013 edition

    Success in Director Disqualification Proceedings

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSSuccess in Director Disqualification Proceedings

    Apr

    21

    April 21 , 2016 | Posted by Kangs Solicitors |

    Success in Director Disqualification Proceedings

    Our client was served with a Section 16 Notice (Notice of Proposed Director Disqualification proceedings). The client instructed us to serve representations upon the Insolvency Service in an attempt to convince the Secretary of State not to issue director disqualification proceedings against our client.

    The case of ‘unfit conduct’ concerned breaches of the Consumer Protection from Unfair Trading Regulations 2008 in that our client’s Company was displaying trademarks when not authorised to do so and consumers had contracted with the Company solely as a result of the trademarks. The Secretary of State proposed to disqualify our client from acting as a company director for a period of 6 years.

    The instructions obtained from our client were extensive and involved significant tracing of documentation, which ultimately formed the background and appendices to our representations to the Insolvency Service.

    The limitation period of 2 years for the Secretary of State to issue the proceedings against our client was fast approaching. Once all the pertinent information and documents had been collated, robust representations were drafted and submitted to the Insolvency Service on the client’s behalf. The detailed representations set out why we believed that disqualification as a company director was not a suitable sanction for our client and why we thought the proceedings against our client were ill judged in any event.

    Just 2 weeks later, we received confirmation from the Insolvency Service that the Secretary of State no longer intended to pursue disqualification proceedings against our client based on the information and submissions that we had presented on his behalf.

    If proceedings had been issued or if the client had signed the voluntary undertaking that was originally being offered by the Insolvency Service, he would have faced the prospect of a director disqualification order in the region of 6 years. Clearly this would have had a huge detrimental impact on our client personally and the future operation of his business.

    Needless to say our client was absolutely delighted with the result and commented that he has never worked with a better team of lawyers.

    The lead lawyer on the case was Timothy Thompson at Kangs Solicitors.

    Should you require any representation regarding a similar matter, please do not hesitate to contact us.

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