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Testimonial: Beating Director Disqualification

Our solicitor client was facing an allegation of unfit conduct, and director disqualification from the Insolvency Service. Our detailed representations convinced them not to progress.

When a director receives a letter from the Insolvency Service (‘IS’) announcing their intention to commence an investigation into their conduct, post insolvency, it is an immediate source of stress, strain and worry, especially if the letter comes out of the blue. Director disqualification, along with financial problems and reputational damage are all, suddenly, very real prospects, as was the case here.

Every case always turns on its own facts, but our experienced director disqualification solicitors know what the Insolvency Service is looking for and, therefore, know what is required to defend the allegations. In this testimonial, our client explains how, with detailed evidence-based arguments, we were able to convince the IS not to pursue the investigation, showing that director disqualification is not a foregone conclusion once the IS’s letter arrives.

Director Disqualification

Our client details his experience with the IS

“I am a practicing Solicitor. My Limited Liability Partnership business failed and fell into liquidation. The Insolvency Service (‘IS’) wrote to me, notifying their intention to commence an investigation into my conduct. I could not afford to be disqualified as a Director. I was in a very dark place.

Having practised law for over 12 years, I was completely horrified to receive such a letter from the IS following the liquidation of the legal practice I had been a Partner in.

From the moment I received that letter, my life was on hold. I feared the worst. Losing my Practising Certificate, losing my legal business from which I earn a living and being humiliated amongst my fellow legal professionals were unimaginable but suddenly very real prospects.

The allegation of Unfit Conduct made against me by the IS was that ‘I caused my business to trade to the detriment of HM Revenue & Customs’. I did not believe that I had done that.  What to do?”

What to do? He contacted our director disqualification specialists

“I was aware from discussions with Solicitor and Barrister colleagues that Neil Davies & Partners (‘NDP’) were the leading Solicitors for representing Directors who find themselves faced with Disqualification and related proceedings.

I contacted Sukhbir Mall and his colleague, Richard Shepherd of NDP. These guys were truly brilliant. Their advice, support and strategy in dealing with the IS claims was invaluable. They never minced their words and they told it to me, as it was.

I worked closely with Sukhbir and Richard. They liaised effectively and sensibly with the IS. They eventually managed to persuade the IS that it ‘was not expedient in the public interest’ (the legal test) to commence Director Disqualification proceedings against me, on proper consideration of all the particular facts of this case.”

The Devil of the Director Disqualification defence was in the detail

“I came to appreciate, as my Defence case was compiled by NDP, that enormous attention to detail went into interpreting and contextualising the documentary and statistical material relied on by the IS, to try and make good their case against me.

That involved, as I came to understand, a targeted and focused quasi-forensic interrogation of the conduct of the company and its history of paying its creditors, by NDP.

NDP made very detailed written representations to the IS as to why a continuing investigation into my conduct as Director was not required. Email exchanges then ensued between NDP and the IS.”

The Outcome – A weight was lifted off our client’s shoulders

“After months of sleepless nights, I received a call from Sukhbir late one evening, telling me that the IS did not now propose to commence Director Disqualification proceedings against me, based on the written representations that NDP had made on my behalf. An unbearable weight was immediately lifted off my shoulders.”

NDP delivered peace of mind

“I cannot recommend NDP any higher. Sukhbir and Richard were on my side right from the beginning and navigated me through a very difficult period in my life. I also appreciated the Partner led approach from Sukhbir. He was very approachable, knowledgeable, and always on the end of the telephone.”

Contact us if threatened with director disqualification

Our director disqualification solicitors led by Neil Davies and Sukhbir Mall have successfully defended hundreds of directors facing IS investigations since we started in 2007. Click here to see more of our testimonials.

Disqualification is not a guaranteed outcome once the IS starts to investigate. Contact us or call us now on 0121 200 7040 for a FREE initial discussion if you are under investigation by the Insolvency Service.