The court proceedings will be brought by the Secretary of State for Business, Innovative & Skills or by the Official Receiver in compulsory winding up cases (as directed by the Secretary of State) who puts together a case against a director.
The matter is heard and decided by the court whether the alleged conduct makes a director unfit to act in the management of a company, and if so, how long they should be disqualified for.
Top tip: During the court proceedings there are key case management steps that a director should not avoid:
1. You must file an Acknowledgement of Service of the claim within 14 days of receiving it and send a copy to the Insolvency Service.
2. You must file and serve your evidence responding to the claim within 28 days of receiving the claim.
If formal director disqualification proceedings are issued against you, we can defend a claim for your disqualification as a director. It is vital that you have the chance to put forward your version of the events and respond to any of the allegations raised. Our team can assist with procedural matters and provide advice on the quality of the evidence against you; We will consider any legal issues and points of law arising in the claim; as well as assisting in procedural aspects of proceedings in preparing and drafting a witness statement in response; Defend you at trial or put forward negotiations of a voluntary director disqualification undertaking during the proceedings and if appropriate, make an application to the court for you to remain a director of your current business.
Altion Law can assist you if you believe you may become subject to a Disqualification Order. If you would like to have a confidential discussion with a member of our team, if you complete our contact us form, we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.
Top tip: Obtaining and interpreting the Secretary of State’s evidence bundle is a crucial first step, so that the case against the director is understood. This is important as many director disqualification cases can be successfully attacked, on the basis of misunderstandings and errors contained in that claimant evidence.
1. If the director can persuade the Secretary of State that he did not engage in “Unfit” Conduct.
2. If the director succeeds in his defence at the Final Hearing.
3. If the director enters into a director disqualification undertaking.
A director can give a disqualification undertaking at any stage in the proceedings to the Secretary of State. It has the same effect as a disqualification order and will put a stop to the court proceedings. The director will be expected to pay the costs and expenses incurred in the proceedings to the date of undertaking. The proceedings can be lengthy therefore costs can amount up.
Top tip: It is important to note that Legal Aid is not ordinarily available to oppose Director Disqualification Proceedings.
Top tip: It is advisable to seek expert assistance in negotiating the period and terms of your Undertaking.
Our team can assist you if you believe you may become subject to a Disqualification Order. If you would like to have a confidential discussion with a member of our team, if you complete our contact us form, we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.
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