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21/04/16

Success in Director Disqualification Proceedings

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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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