Claim Against our Client by the Secretary of State for Business, Energy and Industrial Strategy
This is a client testimonial for our Director Disqualification Solicitor, Neil Davies and Trainee Solicitor, Kunal Bhalla. In this case, our client was days away from a court appearance for director disqualification, and had had no legal assistance up to that point. He was unsure of the legal process and what his options were, if any. What became clear very quickly was that he needed to continue to act as a director of his company, for the sake of his own livelihood as well as those of his employees. Following his acceptance of a director disqualification undertaking, we were able to persuade the judge to grant him permission to act as a company director whilst disqualified.
The Details of this Director Disqualification Case in the Words of our Client
“I was introduced to Neil Davies of NDP ten days prior to the Trial of my Director Disqualification case. I had dealt with the case without legal assistance to that point. Within 2 days, I attended a meeting at the offices of NDP in Birmingham with Neil and his Trainee Solicitor, Kunal Bhalla. We discussed the options available to me going forward.
I felt extremely reassured at the knowledge and understanding shown by Neil and his team. They know their Director Disqualification stuff!
During that first meeting we discussed the possibility of my signing a Disqualification Undertaking, with me at the same time making an application for Permission to be a company Director on an on-going basis. It was vital for my livelihood that I could, despite a ban, be a company Director on a continuing basis to protect my on-going business and employees, who depended on my company for their living. Neil and Kunal recognised and addressed this.
Prior to instructing NDP I was unsure of the options available to me, but Neil and Kunal quickly explained them to me in clear and simple language.”
Seeking Permission to Act as a Director
“I decided not to contest matters at Trial. The financial risk of a Trial was simply too great for me.
I agreed to be disqualified for 3½ years and I signed a Director Disqualification Undertaking, for a lower term than was sought against me. That period and the terms of the Undertaking were negotiated for me by NDP. The team at NDP only had a matter of weeks (21 days) before my Undertaking was to take effect. They recognised the importance of having my application to be a company Director heard before my Disqualifiction began, so that I was not in breach of the Disqualification that I had agreed to.”
Hearing of the Permission Undertaking
“We went before a Judge on an urgent basis and were able to get my hearing listed on the same day my Undertaking was due to commence. NDP drafted evidence in support of my application for Permission. I was represented at the hearing by Counsel who was able to persuade the Judge that I be given Permission to be a company Director – of my ongoing company – notwithstanding my Disqualification. Kunal was present throughout that day at Court. His was a reassuring presence.
I would urge anyone in a similar difficulty to get in touch with Neil, Kunal and the NDP team of director disqualification solicitors.
I would like to thank them all for their hard work, commitment and support to me and to my case. I now have certainty over my future and running my business, on which I can now focus without distraction.”
Contact us for Help and Advice on all Areas of Director Disqualification
Our solicitors are expert and experienced in all areas of director disqualification. This case focuses on a successful application for our client to gain permission to continue to act as a company director whilst disqualified. The procedure of seeking permission is governed by the Practice Direction on Director Disqualification Proceedings which came in to effect in April.
We know what the Court is looking for in such applications. Courts are very precise and demanding in what they want to see in order to approve an application, and our solicitors will only recommend this course of action if there is a reasonable chance of success, as in this case. Click here to see some more director disqualification testimonials.
Contact us or call us on 0121 200 7040 if you are disqualified as a director and are considering applying for permission to act as a director.