We have extensive experience and expertise in advising directors facing disqualification claims and acting for them in the course of such proceedings.

Our Restructuring & Insolvency team has had wide-ranging exposure to the many variations of legal issues arising from a director disqualification investigation brought by the Insolvency Service, acting on behalf of the Secretary of State for Business and Trade.

Our team has been defending directors from these claims for decades and, by way of an example, includes Christopher Berry, previously a partner at Edwin Coe and now a consultant to the firm, who acted in the case of “The Euro Express” in which the threshold for determining whether somebody is a shadow director was established back in the 1990s.

Since then, our Restructuring & Insolvency team has built on this expertise, and we can assist you in the following areas.

We take a commercial and holistic approach to the advice we offer you.

We also have the advantage of considerable and broad insolvency expertise, meaning that we are able to advise you not only on the disqualification process itself, but also the consequences of subsequently being pursued by a company liquidator were you to be disqualified.

Furthermore, director disqualification matters often involve an element of tax, and as appropriate we can reach out to our Tax team to provide specific advice relating to such matters.

What we do best:

Unfitness
A disqualification investigation relates to an element of misconduct. If an investigation is being brought against you, or you wish to take early advice on perceived misconduct, we can advise and assist you. Read more.
Early Stages in the Investigation
The first (formal) stages of a claim involve questionnaires and “Section 16” letters issued by the Insolvency Service. At this point, we can advise on your case, consider your legal position, and assist you in providing a substantive response. Read more.
Director Disqualification Undertakings
These are opportunities to bring an investigation or proceedings to an end by agreeing to be disqualified for a period of X years. We can advise you on their impact, effect, and any associated consequences should you wish to sign. Read more.
Court Proceedings
We can help you from if and when the Insolvency Service issues disqualification claim against you at Court. We advise all the way through to the trial, judgment, and any costs consequences that may follow. Read more.
Compensation Orders
We can help you to establish whether any financial liability is owed, and assist you in planning, negotiating, or settling any financial compensation claim. Read more.
Section 8A Variation of a Disqualification Undertaking
Where you have already signed an undertaking for a period of X years (see above), we can assist you in making an application to reduce the period of that undertaking or cease for the undertaking to be in force. Read more.
Section 17 Permission to Act as a Director
Where you have been (or are about to be) disqualified, we can help you prepare an application for permission to be a director of your company(s) despite your disqualification. Read more.
Breach of a Disqualification Order
If you have already been disqualified, and have nevertheless acted as a director, this can be a serious offence and we can advise you on your potential liability and options. Read more.
Promoting Tax Avoidance
Anti avoidance measures are a key concern of the Government and new legislation has been introduced to permit director disqualification claims against directors and/or individuals who exercise influence over companies promoting tax avoidance schemes. If a director or person then receives a ‘Stop Notice’, and does not comply, they could face criminal consequences. We can assist you with these matters as well. Read more.
Competition Infringements
The Court must make a disqualification order against a person who has committed a breach of competition law, and that persons conduct makes them unfit to manage a company. This is quite an uncommon claim but has options that we can explore with you. Read more.
Persons Instructing Unfit Directors
This was introduced in 2015 and deals with an offence for someone who is not currently disqualified, but who instructs a disqualified person to act in breach of their order. It is quite common in informal company circumstances and we can advise you accordingly. Read more.