12/04/18

Former BHS Directors Face Disqualification

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Following the collapse of retail group BHS, the Insolvency Service (‘the Insolvency Service’), an arm of the Department of Business Energy and Industrial Strategy (BEIS), has been investigating into the conduct of the former directors.

Tim Thompson of Kangs Solicitors comments on the current position.

The Insolvency Service Investigation

Following its investigation, a spokesperson for the Insolvency Service has recently commented:

 ‘We can confirm the Insolvency Service has written to Dominic Chappell and three other former directors of BHS and connected companies informing them that we intend to bring proceedings to have them disqualified from running or controlling companies for periods up to 15 years.’

Company Directors Disqualification Act 1986 (‘CDDA’)

The first sign of intended proceedings for disqualification may well be by way of Notice given in accordance with Section 17 CDDA.

Notice will be given in the form of a letter sent by the Insolvency Service and will provide a summary of the alleged conduct which they assert to be unfit.

Following receipt of service, any director s has the opportunity to:

  • defend the allegations
  • accept some or all of the allegations by way of a negotiated undertaking which will form part of the disqualification process.

How Can We Help ?

Any director faced with Disqualification proceedings and the options available needs immediate guidance and support to tackle the important alternatives available.

Upon receipt of Notice, we would advise that you contact our team through one of our undermentioned solicitors who will be happy to answer any questions and guide you appropriately.

Please feel free to call:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

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