The examples below span Director Disqualification, Insolvency Litigation, Misfeasance, Commercial Litigation, HMRC Action and Business Crime
Q1 2026 has been one of the busiest and most successful quarters we’ve seen at NDP. Our team continues to act for Directors and professional referrers (including Insolvency Practitioners and Accountants) in a wide range of complex and often high‑stakes cases across our core areas of litigation and insolvency.
From Director Disqualification Defence to Misfeasance Claims, HMRC Action, Commercial Litigation, Criminal Investigations and Non‑Contentious Insolvency, the breadth of our work reflects the depth of our expertise.
The outcomes we have achieved this quarter also highlight the calibre of the Solicitors who choose to work here. They are all experienced, specialist Litigation and Insolvency Solicitors who thrive in high‑pressure environments and who share our commitment to protecting clients under attack.
Below is a summary of just some of the matters we have successfully handled so far this year.
Q1 2026 Case Highlights
1. Construction Industry Insolvency/Director Misfeasance
We have successfully opposed a £13 million claim by the Liquidator of our client’s company with that claim now discontinued against our Director client after Strike-Out and Summary Judgment applications by the Director. The claim against him was misconceived and an Indemnity Costs Order has now been agreed as between the Claimant Liquidator and our Director client, for the Director’s legal costs to be repaid to him on the (very favourable) Indemnity basis. The Construction Industry Litigation Funder has agreed to pay those costs.
2. Restraint by Injunction of advertisement of HMRC Winding-Up Petition – against our company client
We have successfully applied on behalf of the company to the Companies Court for an Injunction to restrain HMRC from advertising a Winding-Up Petition presented against the company, to allow it time to make payment of its significant HMRC debt and in doing so save the business of the company (with the Public purse replenished with the Tax debt owed).
3. High Court Litigation/Commercial Litigation – Six‑Figure Judgment obtained and Appeal Dismissed
We have in recent weeks obtained an Order at final hearing from the High Court for a large six figure payout to our Australian/China headquartered client in respect of its claims against its former UK Managing Director and others. An Order for Costs has also been made in favour of our client that will also run into a large six figure sum. A Freezing Injunction obtained at the beginning of the case remains in place.
An Appeal to the Court of Appeal by one of the four unsuccessful Defendants in that case has also now been successfully opposed and dismissed, allowing our client to also proceed against that Defendant to enforce Judgment. That Defendant has been ordered to pay the costs of our client incurred in its unsuccessful Appeal against Judgment.
4. HMRC Personal Liability Notices (‘PLNs’) and HMRC Joint Liability Notices (‘JLNs’)
We are instructed by Directors in a number of such cases. In the largest of those cases, where over £8 million is sought against our clients, we have with the benefit of working with experienced Tax Law Counsel, invited HMRC to formally Review its decision to issue the PLN and JLN to our clients on the facts of that case.
5. Director Disqualification Defence – Bounce Back Loan (‘BBL’) Case. Trial looms!
We have successfully represented our Director client in a Director Disqualification case pursued against him in the High Court by the Insolvency Service (‘IS’). New evidence that came to light was served on the IS which caused the IS to quite properly discontinue the case against our client just before final hearing. The client’s nightmare is over.
Legal costs – after a contested High Court hearing, the IS has also been ordered to pay the Director’s legal costs of his successful opposition.
Take a look at another recent successful Director Disqualification/BBL case.
6. Claimant Director Misfeasance and Breach of Duty Case
Acting for the Liquidator, we have successfully applied for and obtained an Order against the Director in respect of his breaches of duty and his Misfeasant conduct. Judgment has been obtained for £200,000+ together with an Order for Costs in favour of our Liquidator client.
7. Director Disqualification Defence Cases – Eight IS Investigations Abandoned
In these unrelated cases, we have represented Directors and persuaded the IS to abandon Director Disqualification Investigations (‘DDI’) in cases where the IS allegations of Unfit Conduct against the under-attack Directors, included:
- Misappropriation and or misuse of Covid funding – BBL cases – including cases where two or more BBL’s were taken.
- Trading to the detriment of the Crown.
- Failing to maintain, preserve and or deliver up books and records of the company to its Liquidator.
- Failing to pay Crown debt when it fell due over an extended period of time and failure to file statutory Tax Returns on time.
- Misuse of funding provided to the company by a Government Training Agency – the ESFA (we have successfully opposed the IS in a number of such cases).
- Improper use of customer deposits.
8. Liquidator Claims Against Director and His Holding Company (Holdco) – Settled Without Litigation
Holdco was faced with the threat of winding-up by the Liquidator of our client’s company in respect of an inter-company loan position and the Director personally faced a Misfeasance claim (Section 212 Insolvency Act 1986) arising out of the same facts. The sum claimed was in excess of £240,000.
Those claims were settled without litigation, by negotiation with the Liquidator, with the client paying 42% of the amount claimed, with payment to be made over extended time.
9. Commercial Litigation/Partnership Dispute – Mediation Agreed
Having taken over representation of a bitterly fought dispute before between 2 law firm Partners where hideous levels of legal cost had already been incurred, it was immediately apparent to us that objectivity and desired objectives had been lost or forgotten by both parties (and their Lawyers). We have proposed (and the Opponent has agreed to) Mediation, having obtained by agreement a Stay of the legal proceedings. That will hopefully see the litigation concluded.
Take a look at a case where mediation reduced a claim by £2.5 million.
10. Personal Insolvency – Statutory Demand Set Aside
We have successfully applied to Court to set aside a Statutory Demand claiming a six-figure sum and threatening bankruptcy against our professional client. The claiming creditor has been ordered by the Court to pay our client’s legal costs.
11. HMRC Notice requiring company to give Security – Decision Reviewed Successfully
We have successfully applied for and Reviewed HMRC’s decision to require a Security payment from the company for future Tax, from the Company and our Director client. Failure to provide Security (unless the Security request is successfully challenged) is a Criminal offence for which the Director can be criminally prosecuted. Recent caselaw on this issue has greatly improved the prospects of successful opposition to such Security claims.
12. Client dispute with the Financial Conduct Authority (FCA) – Protecting a Regulated Business
We represent a well-known insurance provider (and its Director) under Investigation by the FCA, which threatens to close the financially successful business down. Working with exceptional Insurance Law based Counsel, we are well on the road to achieving an outcome so that does not happen.
13. Non-contentious insolvency – Business sale for Office Holders of GP Chain.
We have recently completed the sale for our Administrator clients of a chain of Midlands based GP practices; That will hopefully ensure a return to creditors and allow dedicated GP surgeries to continue their work.
14. Criminal Defence Litigation – IS Interviews Under Caution
Given the IS has now significantly ramped up its Criminal law Investigation capabilities, we continue to advise in many more IS Investigations involving Criminal Law Interviews Under Caution. Our head of team David Hanman continues to oversee those cases and deal with those Interviews Under Caution.
Conclusions
The key elements of or work inevitably continue to be founded upon:
- Expertise in our key areas of operation.
- Passion, enthusiasm and commitment – little is achieved without them.
- Working with exceptional, trusted professionals to include:
- Licensed Insolvency Practitoners
- Brilliant Counsel
- Accountants
How we can help – Contact NDP
If you are a Company Director, office holder, Accountant, Insolvency Practitioner, professional adviser or regulated business facing investigation, litigation or regulatory action, our team is here to help. Take a look at some of our testimonials.
Contact us or call us on 0121 200 7040 for a FREE initial, no commitment initial chat.
FAQs – Director Disqualification, Misfeasance and Insolvency Claims
What is Director Disqualification?
Director Disqualification is a legal process that prevents an individual from acting as a company Director for a set period (up to 15 years) following allegations of unfit conduct.
Can a Director defend a disqualification claim?
Yes. Many cases can be defended successfully, including on evidential grounds, procedural grounds, or by demonstrating that the Director acted reasonably and responsibly.
What is Misfeasance?
Misfeasance is a claim brought by a Liquidator alleging that a Director has breached their duties or misapplied company assets.
Can HMRC action be challenged?
Yes. Winding‑Up Petitions, PLNs, JLNs and Security Notices can all be opposed or reviewed, depending on the facts.
