HomeFWJ TakeawayClaims against directorsDirector disqualificationDirector Disqualification [2024 Guide]

Welcome to our free industry leading guide on Director Disqualification. We have successfully defended directors since 2002 and lead the legal sector in this area of the law. Call today for a free consultation.

Experts in Director Disqualification Law

Francis Wilks & Jones solicitors have been defending directors from disqualification since 2002. During that time we have helped 100’s of directors deal with their claims and get back on their feet. We have also helped them avoid financial penalties and associated liquidator claims.

The FWJ team includes

  • Stephen Downie is a partner and heads up our director disqualification team. Stephen is dual qualified as both a solicitor (with higher rights) and is a qualified accountant with particular expertise in complex accounting and tax matters. What differentiates Francis Wilks & Jones from other solicitors is that Stephen was previously an Insolvency Examiner within the Insolvency Service, an accountant working within Insolvency Practitioner firms investigating directors’ conduct and – following qualification as a solicitor in 2006 – Stephen spent 5 years as solicitor for the Secretary of State and Official Receivers, managing director disqualification claims.  For the last 10 years since joining Francis Wilks & Jones, Stephen has advised and assisted directors in defending director disqualification claims and getting them permission to continue acting as a director despite disqualification. 
  • Doug McEvoy is an associate at FWJ with a wide range of disqualification expertise, most recently defending many directors from Bounce Back Loan and tax allegations and getting permission for them to remain acting as directors.
  • Lefteris Kallou is an associate at FWJ and has successfully defended many disqualification claims and is experienced in section 17 permission applications

Other expertise for directors

In addition to the above experts, we have a dedicated team of other solicitors at FWJ with huge experience defending directors on a wide range of claims, including those from HMRC, liquidators, co directors and shareholders. We also advise regulalry on director duties. This means that we can always put together the right team for you – and maximise the chances of getting the permission from the court you need.

Absolutely excellent advice, service, professionalism and most importantly RESULTS! A sensitive case regarding disqualification was bought by the Secretary of State. After failed attempts with previous solicitor, Douglas literally saved the day and was able to secure a win for us. Highly recommended

A client facing a director disqualification

Introduction to Director Disqualification

What is Director Disqualification?
Why is Director Disqualification important?
Latest trends and analysis in director disqualification claims

Director Disqualification – a deeper dive

What does director disqualification mean?
What is the Company Directors Disqualification Act 1986?

What are the grounds for director disqualification

Most common reasons for disqualification
Bounce back loan abuse statistics
Why would a director be disqualified?

Disqualification proceedings and process

What are the key stages in disqualification claims?
Variation or lifting of the disqualification

Disqualification and voluntary undertakings

What are voluntary undertakings?
Benefits of voluntary undertakings
Dangers of giving voluntary undertakings
Process of voluntary undertakings
Section 1A of the CDDA 1986: Undertakings

Compensation orders

What are compensation orders
When can compensation orders be issued
Process of issuing compensation orders
Key statistics on compensation orders
Impact on directors of compensation orders

Disqualification for Companies House offences

Magistrates Court disqualification
What are Companies House offences
Process of disqualification in the Magistrates’ court
Section 5 of the CDDA 1986: Summary conviction
Common Companies House offences leading to disqualification
Statistics on Companies House offences
The role of legal advisers

Pre-litigation stages in disqualification claims

Initial inquiries from the Insolvency Service
Questionnaire stage
Pre-Section 16 stage
Section 16 letter
Post-Section 16 stage before issuing proceedings

Mitigating the impact of disqualification

Applying for court permission to act as a director despite disqualification
Application to set aside or vary a disqualification undertaking

Directors Responsibilities – an overview

Directors have a duty to ensure that their companies comply with various statutory requirements. Failure to meet these obligations can lead to disqualification and other severe consequences. This section outlines key responsibilities and the importance of compliance.

Key statutory responsibilities of directors
The consequences of non-compliance
Importance of maintaining statutory compliance
Role of Francis Wilks & Jones

Public Interest and Director Disqualification

What is meant by public interest?
Public interest winding up proceedings
Public Interest Winding Up Petitions and Disqualification
Common Reasons for Public Interest Disqualification
How our team can help
Statistics on Public Interest Winding Up Petitions and Disqualification

Funding and Legal Costs

What are the typical costs?
Funding options
Managing legal costs effectively

Your common FAQ’s answered

Acting as a director whilst disqualified
What happens if a director is disqualified?
Can a disqualified director be a shareholder?
Can a disqualified director be a sole trader?
Can a disqualified director be a company secretary?
Can a disqualified director attend board meetings?
Can a disqualified director be a member of an LLP?
What is the impact of director disqualification on future business ventures?
Can a disqualified director start a new company?
What are the rehabilitation options for disqualified directors?
How does director disqualification affect international business activities?

Key contacts

Stephen Downie

Stephen Downie


Douglas McEvoy

Douglas McEvoy


Anamitra Mukhopadhyay

Anamitra Mukhopadhyay


View full team

Case studies

View all case studies

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