“I cannot recommend Sukhbir Mall and the team at Neil Davies & Partners highly enough.”
In this article we set out how Sukhbir Mall, one of our directors, helped a director client respond to an Insolvency Service investigation at a time of significant personal pressure, securing its discontinuance, which resulted in a happy and relieved client, as shown by his words below.
The allegation of misappropriation
We were instructed by a director facing allegations concerning the alleged misappropriation of company assets, following an Insolvency Service investigation. Sukhbir took instructions and conducted a detailed review of the allegations, the available evidence and our client’s position.
Building the representations
We began preparing comprehensive representations addressing the concerns raised by the Insolvency Service and setting out the director’s explanation and defence. As our client’s testimonial below makes clear, this was a period of considerable personal strain, and Sukhbir ensured he was given the time and space to focus on what mattered most.
The Insolvency Service steps back – investigation discontinued, with no further action taken against the director.
Before those representations were finalised and submitted, but following initial informal contact between us and the Insolvency Service, our client was notified that no further action would be taken and the investigation was discontinued.
Getting advice early is always key
This matter concluded at an early stage. An important outcome, because directors who go into an Insolvency Service investigation without proper legal guidance can end up doing themselves real damage, often without realising it at the time.
For example, an admission that is made too readily, or an explanation that is given before the full picture is understood, can easily shape how the rest of the case goes. Left unchallenged, allegations of this kind can also lead to director disqualification proceedings, so getting advice early means the director’s communications with the Insolvency Service are handled strategically from the outset and that his position is protected throughout.
What our client said
“I cannot recommend Sukhbir Mall and the team at Neil Davies & Partners highly enough.
I was faced with an Insolvency Service action that was launched at a time of acute family illness and personal stress. Sukhbir ensured I was given additional time to respond so that I could focus on my family when it mattered most.
From our very first conversation, Sukhbir provided the calm reassurance and level-headed guidance I needed. He cut through the noise and understood the factual reality of the situation immediately.
Sukhbir didn’t just successfully defend my professional reputation; he did so with impressive commercial integrity. Rather than racking up extensive legal hours, he handled the matter with absolute efficiency.
If you are a director facing an investigation or action, Neil Davies & Partners are the absolute premier specialists to trust.”
Facing an Insolvency Service investigation?
Contact us or call us on 0121 200 7040 if you have received correspondence from the Insolvency Service and want to know where you stand. We act for directors across London, the South East, Birmingham and throughout the UK, and the earlier you get advice, the more options remain open to you.
Take a look at some other of our testimonlals.
About Sukhbir Mall
Sukhbir Mall is a Solicitor and Director at NDP who co-founded the firm with Neil Davies in 2007. Before setting up NDP, Sukhbir worked as an investigator with the Director Disqualification Unit at the Insolvency Service in London, preparing evidence on behalf of the Secretary of State, giving him a detailed understanding of how the Insolvency Service builds and pursues its cases.
He has since built up over 25 years of experience acting for directors facing investigation, misfeasance claims and disqualification proceedings.
NDP’s Director Disqualification team is led by Neil Davies, advisory editor to Mithani, Directors’ Disqualification, the leading legal text in the field, and Sukhbir draws on that same depth of specialist knowledge when representing directors under investigation.
Frequently Asked Questions about an Insolvency Service Investigation
What happens if the Insolvency Service investigates alleged misappropriation of company assets?
The Insolvency Service will write to you setting out the allegations and invite you to respond, often through a formal Questionnaire or letter of claim. See our article about the 10 most common mistakes directors make when responding to insolvency service (IS) questionnaires pending a director disqualification investigation.
Can I ask for more time to respond if the investigation coincides with personal or family circumstances?
Yes, and Sukhbir’s own background as a former Insolvency Service investigator means he knows how these requests are actually assessed by the IS, not just how they are supposed to work on paper.
What does it mean if the Insolvency Service decides to take no further action?
It means the specific investigation into you personally has been discontinued.
Do I need a solicitor at the investigation stage, or only if formal proceedings are issued?
Yes, and this case is a clear example why. Representations were being prepared, and legal input was already shaping how the case was handled, before the investigation was even concluded. Waiting until formal proceedings are issued means losing the opportunity to influence the outcome at a crucial stage.
Could an investigation like this have led to director disqualification?
Yes. Investigations into alleged misappropriation of company assets are exactly the kind of allegation that can lead to director disqualification proceedings if not properly addressed. Early, well-prepared representations are what stand between an investigation like this and whether it develops into a director disqualification outcome.
