Director Disqualification Case Examples

Analysis of Director Disqualification in 2023 – 2024

Our director disqualification case report is made with insights drawn from the monthly case data provided by the Insolvency Service relating to the disqualification of directors for various misconduct and offences.

In these graphs below, we have attempted to present the disqualification data in a user-friendly way and to drill down into the key elements of interest indicating the most important trends moving forward.

Our aim in producing this unique report

Our aim is to provide readers with accurate and unbiased information and statistics for director disqualification cases, including the reasons for disqualification, the length of disqualification, and any other relevant details. The information is presented in an anonymous manner, ensuring the privacy of the individuals involved.

• Our team of experts have carefully researched and analysed each case to provide insights and perspectives on the factors that led to disqualification.
• We aim to provide readers with a better understanding of the legal and regulatory framework surrounding director disqualification in the UK.

We invite you to explore our report, delve into the statistics and learn more about recent UK director disqualification cases. We believe that this information will be valuable for business owners, professionals, and anyone interested in corporate governance and accountability.

This year we saw…

Source: franciswilksandjones.co.uk

Source: franciswilksandjones.co.uk

Source: franciswilksandjones.co.uk

Source: franciswilksandjones.co.uk

Source: franciswilksandjones.co.uk

2023 Director Disqualification Cases

Set out below are summaries of the key grounds of misconduct which the Insolvency Service use when categorising the different reasons for disqualification. We have extrapolated the justification given by the Insolvency Service for every director disqualification order made and you can read more about them by clicking on the link below each heading.

1. Director Disqualification for accounting offences

In this section we set out the disqualification orders made as a result of accounting offences and irregularities. Should you find yourself facing such a claim, our team not only includes expert lawyers, but also qualified accountants and HMRC experts.

2. Director Disqualification for Covid and Bounce Back Loan Abuse

In this section we set out the disqualification orders made as a result of the intense activity of the Insolvency Service regarding Bounce Back Loans and Covid loans generally. We have successfully defended many directors from disqualification for this alleged offence as well as defeating claims by Insolvency Practitioners which commonly follow on from the disqualification claim

3. Director Disqualification for HMRC and tax offences

In this section we set out the disqualification orders made as a result of HMRC and tax offences. Should you find yourself facing such a claim, our team not only includes expert lawyers and a qualified accountant, but also includes an ex HMRC specialist, Andy Lynch, who spent 18 years as part of the special investigation team at HMRC. Our combined expertise regularly results in these claims being dropped against directors.

4. Director Disqualification for misappropriating company assets

In this section we set out the disqualification orders made as a result of wrongful use of company assets and allegations of personal payments or fraud. Should you find yourself facing such a claim, our team is here to help.

5. Director Disqualification for technical matters

In this section we set out the disqualification orders made as a result of so called “technical reasons” – often a catch all for a range of different offences. Whatever your situation, we are likely to have dealt with it in the last 20+ years’ we have been defending director disqualification claims.

6. Director Disqualification for trading to the detriment of creditors

In this section we set out the disqualification orders made due to the company trading to the detriment of creditors, often preferring one creditor over another. But there are defences which can be run to defeat these claims – and our legal expertise combined with insolvency, tax and accounting expertise often results in these claims being defeated.

7. Director Disqualification for trading whilst insolvent

In this section we set out the disqualification orders made due to allegations of trading whilst insolvent – that is that the company carried on trading when it knew or ought to have known it was insolvent. Our team includes not only lawyers, but experts in insolvent, accounting and tax – all of which mean we have the rounded skill sets to put forward the strongest of defences.

8. Director disqualification for two offences

In this section we set out the disqualification orders made as a result of two different offences being alleged against a director. If you find yourself in this position – our team has the depth of experience to defend both claims (which in our experience, are often interrelated).

9. Director Disqualification for three or more offences

In this section we set out the disqualification orders made when there have been three or more allegations of misconduct levelled against a director. If you find yourself in this position – don’t worry, our team can look at each individually and decide on the best way to defend the claims and maximise the prospects of a successful outcome.

Director Disqualification Case Examples

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, The team literally saved the day and was able to secure a win for us. Highly recommended

A client facing a director disqualification

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