HomeCase studiesSMEs, directors & shareholdersDirector servicesEnabling our client both to avoid disqualification and seek repayment of all their legal costs

Why the client needed our help

We were instructed by defendants to a disqualification claim approximately 2-3 weeks pre-trial without having previously been involved in the proceedings.

They related to asset based lending issues and the claim that the directors had defrauded the lender by not providing certain categories of debt along with other treatments of debtors. The directors’ defence was that these agreements were honoured, and certain categories of debt were not disclosable under the agreement.

However, as of the date of FWJ’s instructions in the weeks leading up to trial, further evidence was due to be filed and served in the disqualification proceedings.

How we helped

After we were instructed we initially advised the Directors on the state of the proceedings, the strength of their defence and thereafter we were instructed to commence a detailed review of the position.

As a result, evidence was urgently drafted, together with our clients, to assist at trial. The evidence drafted was considerably technical and comprehensive and resulted in the claimant seeking an adjournment of the trial to afford time to respond.

The outcome

Following the adjournment, the Secretary of State dropped the disqualification proceedings completely and we negotiated that our client’s legal costs incurred in these proceedings would be paid.

“I contacted Francis Wilks & Jones just over one month before the trial of a large claim against me and my son. Francis Wilks & Jones acted with great professionalism, responding quickly to my requirements leading to an eventual withdrawal of the claim against us both. I am sincerely grateful to Stephen Downie and Andy Wilks at Francis Wilks & Jones for bringing us to where we are. The world is a much happier place today!”

Key contacts

Stephen Downie

Stephen Downie

Partner

Carly Moore-Martin

Carly Moore-Martin

Senior Associate

Andy Wilks

Andy Wilks

Managing Partner

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