Directors’ disqualification proceedings can be triggered by an insolvency situation, a crime or in the public interest, and defence of the proceedings tend to come down to damage limitation. Morgan Rose are specialists in dealing with directors’ disqualification proceedings and helping our clients to navigate this complex and difficult situation.
The proceedings are brought by the Secretary of State or the Insolvency Service and aim to stop unfit or unscrupulous individuals from being involved in managing companies. Disqualifications can be made in the criminal or, most often, the civil courts and can mean an individual is banned from being a director for up to 15 years, with the threat of a fine and/or prison term if the ban is breached. Amongst other reasons, a director can be disqualified if they are not meeting their legal duties; are suspected of criminal activity or wrongdoing; are showing ‘unfit conduct, or, if the disqualification is in the public interest.
Whilst sometimes there can be a wrongful prosecution of a director – and our skilful team at Morgan Rose will quickly identify such a situation – in most cases it comes down to excellent negotiation and damage limitation. If an individual can manage without being a director, then the objective will be to negotiate the best terms for the undertaking and what is said in the statement of reasons, which sits on public record. If our client feels they really cannot lose the ability to be a director then we provide tenacious and support to help them take their case to trial.
As with much of our work at Morgan Rose, Directors’ Disqualification Proceedings draw on our expertise across commercial, civil and criminal litigation. This, combined with our detailed and forensic approach to establishing the best defence for our clients, has helped us to deliver a positive outcome in scores of disqualification proceedings.
If you are faced with being banned from being a company director, you need fast, effective advice and a legal team that is committed to helping you to reduce or eliminate the prospect of disqualification. Morgan Rose can quickly assess your situation and provide swift and supportive advice on your options.
