Summary of this Director Disqualification Defence case
NDP helps two Directors defeat the threat of Disqualification proceedings arising out of alleged BBL misconduct. The Insolvency Service (‘IS’) concluded its investigation in favour of the Directors – no further action.
At NDP, we take pride in delivering outstanding results for our clients. Another recent success in two related Director Disqualification Investigations (‘DDI’) is perhaps testament to our expertise and reflects our successful work in defending Directors.
Director Neil Davies and Senior Solicitor Steven Cunliffe worked on the case which led to both Directors overcoming both IS investigation areas (of overstatement of turnover and also misuse of a Covid-19 BBL).
The IS as strangers to what actually went on in the company had insufficient evidence to support its investigation areas. On behalf of the Directors, we filled in those IS knowledge gaps about the factual background to the case; the IS were of course complete strangers to what went on in the company. We made detailed written representations and invited the Secretary of State for Business and Trade (‘SOS’) to close both investigations, which it did.
As a result, our clients are free to continue to be Directors and to be involved in the management of any limited company without constraint.
Evidence and Explanations
DDI and Director Disqualification Proceedings (‘DDP’) can have serious consequences, including banning individuals from holding directorial positions and from their being involved in the management (very widely defined by the Courts), promotion and/or formation of a limited company for between 2 to 15 years, without the prior Permission of the Court.
That is why it is crucial that Directors should take legal advice as early as possible as the IS does not know the Director or his/her side of the story. That is where we come in to guide the Director through the investigation process and put forward written explanations to the IS to defend and explain the position.
In this case, our clients faced a DDI which threatened their professional reputations and careers. We carefully scrutinized the evidence and contrasted the IS misunderstanding of the facts with our clients’ evidence and explanations as to the true reality of the situation. That work enabled NDP to respond to the IS and resulted in the IS closing its investigation.
Why Choose NDP?
– Proven Track Record: We continue to successfully represent Directors facing DDI and DDP, securing favourable outcomes.
– Strategic Defence: Our Director Disqualification Solicitors employ a meticulous and strategic approach tailored to each client’s unique circumstances.
– Client-Centric Approach: We prioritise our clients’ interests, working to protect their position and achieve targeted objectives agreed at the beginning of the case.
What Our Client Said
Our clients were understandably relieved and pleased with the successful outcome. The defence to the investigation areas was at all times considered strong and our clients felt vindicated that the IS decided in their favour.
“Phew!! What a relief! Neil, Steven – many thanks for your guidance throughout this matter. Your support has been invaluable.”
If you or someone you know is facing DDP, do not hesitate to reach out to NDP. Our expert team is ready to provide the guidance and representation needed to achieve the best possible outcome.
Contact our Director Disqualification Solicitors today
For a confidential consultation, contact us, call us on 0121 200 7040 or email law@ndandp.co.uk. Your future deserves the best legal defence – trust NDP to give you a fighting chance against the SOS for Business and Trade.
