HomeCase studiesSMEs, directors & shareholdersCommercial LitigationUsing a court application to help the disqualified director of a construction company continue acting as a director

Why the client needed our help

Our client, the director of a building construction and development company, was being pursued by the Insolvency Service for the demise of a company he had previously directed which owed HMRC over £150,000. They were seeking his disqualification as a director for 5-6 years and had already issued legal proceedings against him.

How we helped

Having first negotiated a significant reduction in the proposed disqualification period, bringing down the voluntary undertaking to four years, we set about using our in-depth knowledge of the Company Director Disqualification Act to make a case for our client remaining as a director of his new company, even after his impending disqualification.

The outcome

Using the provisions set out in Section 17 of the Act, we obtained court permission for our client to continue acting as a director.

This meant that he could continue directing his new company and ensure a successful business career and livlihood.

I would strongly recommend using FWJ for director disqualification matters. Tactically and commercially they played it just right and I am now able to get on with my business life without the worry of disqualification hanging over me.

A director we defended against a disqualification claim

Key contacts

Carly Moore-Martin

Carly Moore-Martin

Senior Associate

Stephen Downie

Stephen Downie

Partner

Victoria Walley

Victoria Walley

Associate

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