Kangs Solicitors has recently successfully represented a client who had received notification from the Insolvency Service that, based on allegations of unfit conduct, Director Disqualification Proceedings were to be pursued against him.
Timothy Thompson of Kangs Solicitors explains the steps taken to achieve this successful result.
Kangs Solicitors fields an expert team of lawyers who work on behalf of clients on a national basis in the defence of Director Disqualification Proceedings.
Our team can be contacted for confidential and discrete advice at any of our offices:
The Allegations | Kangs Insolvency Service Solicitors
The allegations of unfit conduct against our client were that, when running his company:
‘He breached his duties as the sole director……… by failing to ensure that it complied with legislative requirements in that:
- [it] did not comply with its statutory obligations under The Immigration, Asylum and Nationality Act 2006, resulting in the employment of one illegal worker.
- The Home Office Immigration Enforcement after investigating [the company] issued a Notification of Liability for a Civil Penalty of £15,000 in respect of the employment of the illegal worker, payment of which was due on or before 15 May 2018.
- [the company paid £5,416 against the fine due… leaving £9,584 outstanding at Liquidation.
- He was an appointed director of the company at the time of the breach of the Immigration, Asylum and Nationality legislation.’
How We Assisted Our Client | Kangs Director Disqualification Proceedings Solicitors
In the pursuit of our client’s opposition to the Proceedings, the Kangs Insolvency Team:
- attended upon our client obtaining detailed instructions upon the circumstances leading to the allegations and advised him upon his position and the appropriate course to adopt in order to present his defence;
- prepared detailed Representations setting out our client’s position which were submitted to the Insolvency Service;
- examined and discussed with our client the response received from The Insolvency Service which offered a reduction in the period of Disqualification being sought on the basis that he signed a ‘Disqualification Undertaking’ agreeing those terms;
- prepared and submitted further Representations to the Insolvency Service.
The Successful Outcome | Kangs Company Offences Defence Solicitors
- Having considered the further Representations submitted by the team at Kangs Solicitors, the Insolvency Service accepted our client’s contentions and decided to take no further action.
- Naturally, our client was delighted with the outcome achieved on his behalf.
How Can We Help? | Kangs Insolvency Solicitors
If you require any assistance regarding insolvency issues of any nature or have received, or anticipate receiving, Notification of Director Disqualification Proceedings, please do not hesitate to contact us.
It is essential that legal advice is sought as soon as possible to ensure that all proper, requisite and mitigation action is taken.
The team at Kangs Solicitors has extensive experience covering, inter alia:
- alleged breaches of Insolvency legislation,
- the conduct of Liquidator Investigations,
- Insolvency Service Investigations,
- the defence of company Restraint Proceedings,
- all aspects of enforcement proceedings against directors including Director Disqualification Proceedings.
Please feel free to contact our Team through any of the following who will be happy to assist: