The Director Disqualification team at NDP is headed by Neil Davies, and is made up of experienced Solicitors who have worked for the Insolvency Service and who have acted for and against the Insolvency Service. The Insolvency Service is the main body that conducts investigations into the conduct of directors at their companies that could lead to disqualification.
The Insolvency Service has many powers, and when it threatens a director with disqualification, the threat must be taken seriously. We know what they want, what the best solutions for our clients are to avoid disqualification and how to achieve them.
You might say that we are Gamekeepers turned Poachers. The key issue for a director facing a disqualification investigation is to act quickly to maximise the available options.
Have a look at some of our testimonials where we have helped directors of companies avoid disqualification, or reduced the period of disqualification. We like to say that no hole is too deep for us to help, and we aim to be the directors’ friend, helping and supporting our director clients all along the way.
If you are threatened with Director Disqualification, the sooner we talk, the more we can do to help. Call us 0121 200 7040, for a FREE initial discussion, or contact us.
The quicker you take action when facing an Insolvency Service Director Disqualification Investigation, the better
The Insolvency Service can and does scrutinise the circumstances of company liquidations and administrations following insolvency. If it has reason to believe that the directors have not fulfilled their duties then the likelihood is that they will instigate a Director Disqualification Investigation (DDI) into the conduct of the directors.
Such investigations can be extremely stressful for the directors involved. Our experience is that each case rests on its particular facts and that the Insolvency Service is often only seeing one side of the story. It is by no means certain that a DDI will end up with a period of disqualification. Our approach is to establish the facts, as forensically as possible, and, if there is a case, present it to the IS, to persuade them to drop the investigation. Our knowledge of this complex area of law, plus our determined and persistent approach, has seen us successfully defend many directors, as this recent news story from 2023 shows.
It is true to say that the Insolvency Service is highly active now, especially investigating Bounce Back Loan fraud, as well as their old favourites of trading to the detriment of the Crown and allegations of failing to maintain and preserve accurate books and financial records. For this reason, directors must careful and approach every liquidation process with their eyes open. We can help.
If you are threatened with Director Disqualification, the sooner we talk, the more we can do to help. Call us 0121 200 7040, for a FREE initial discussion, or contact us.
10 Reasons to use us if you are threatened with Director Disqualification
If you are a director or a shareholder and you are facing Director Disqualification or a Misfeasance Claim, the quicker you take professional advice the more likely it is that you will get a positive outcome.
We have a strong track record in successfully defending our clients. Click here to see 10 reasons why Directors and Shareholders should use Neil Davies & Partners to defend them against Director Disqualification and Misfeasance actions.
5 Helpful Facts For Directors Facing Disqualification for Crown Debt
Director Disqualification and Misfeasance Claims Against Directors are Increasing. Director Disqualification is on the increase. We know what the Insolvency Service wants and we know what the best solutions for our clients are and how to achieve them when facing director disqualification.
We have a strong track record in successfully defending our clients. Click here to see 10 reasons why Directors and Shareholders should use Neil Davies & Partners to defend them against Director Disqualification and Misfeasance actions.
The key issue for a director facing a director disqualification problem is to act early, to maximise options.
We advise on the following areas (click on a section below to expand it):
Seismic Changes to Director Disqualification Law are here under the Company Directors Disqualification Act 1986.
- The Small Business, Enterprise and Employment Act 2015 (‘SBEE’), which gained Royal Assent on 26th March 2015 introduced major changes to director disqualification law and practice, all of them weighted against the director in favour of the State. Click here for more details.
- The number of director disqualifications and misfeasance claims against directors is increasing. Click here for more about what the Duties and Obligations of the Professional Adviser are in such cases. These duties, especially for accountants and auditors, are under increasing scrutiny.
We are regularly referred director disqualification cases by other Solicitors, Insolvency Practitioners, Accountants, local Law Societies and other professionals. They know our expertise in this area of work and are content to entrust their clients to us. NDP’s Directior Disqualifiucation Solicitors have an enviable reputation for excellence in this field of work.
Director Disqualification is stressful and has serious consequences
From the moment the notification of investigation from the Insolvency Service arrives, the whole process is stressful for the director. In addition, the cause of the investigation is usually due to companies – and therefore the director – facing a stressful insolvency or bankruptcy, perhaps through the non-payment of crown debt or other tax debts.
Being disqualified from acting as a director can have serious business and personal consequences for the director and his/her family. Acting positively as early as possible is vitally important, and allowing NDP to help may help the director avoid the prospect of disqualification, or result in a lower period of disqualification.
Contact us if you are a director under investigation
If the Insolvency Service is threatening you with a director disqualification investigation, call us now on 0121 200 7040 for a FREE initial discussion, or contact us online. The quicker you get in touch, the more we can do to help.
Director Disqualification is a detailed and complex area of law. For a list of questions that we are frequently asked in this area (FAQs), and their answers, click here.
