HomeFWJ TakeawayResourcesDirector disqualification for incompetence

There are many grounds which give rise to disqualification as a director - the most of which by far relate to non payment of taxes to HMRC by the company. But there other grounds such as incompetence. Whatever the reason or allegations against you - our team has been successfully defending director disqualification claims since 2002. Let us help you.

Francis Wilks & Jones acted with great professionalism, responding quickly to my requirements, leading to an eventual withdrawal of the claim against me and my son. I am extremely grateful

A client who approached us just two weeks before the trial of a large director disqualification claim against him and his son

It is possible to be disqualified for being incompetent.

When judging “competence”, a court will look at a wide variety of factors when determining unfitness. These include:-

  • the type of business concerned;
  • the size of the business;
  • the experience or skills that the director holds himself/herself out to have;
  • the actual experience and skills s/he has; and
  • the allocated management responsibilities of that individual.

The courts will always expect a director, regardless of his/her background, to meet a certain standard regardless of the industry s/he works within. If a director has the appropriate experience or other qualifications which demonstrates that expectations should be even higher than this minimum standard, then the court will apply such expectations when determining whether their actions constituted unfitness.

A director has duties both to those who have direct interests in the company – shareholders, other directors, employees and creditors, and those who have indirect interests – government via policy concerns, potential customers in respect of advertising etc., the public generally in terms of who the goods and services are marketed.

A breach of any of these duties can lead to a finding of unfitness in director disqualification proceedings.


Please contact one of our friendly expert director disqualification solicitors now for your consultation. At Francis Wilks & Jones, we have all experience needed to deal with any type of director disqualification problem. Feel free to look at our website and the many different examples of cases where we have successfully assisted our clients.

I was greatly impressed with the commercial, tactical and technical ability of the team at FWJ. They quickly got to grips with a complex set of facts and, through their hard work, had the proceedings against me dropped and a significant proportion of my legal fees repaid. I couldn’t recommend them highly enough

A director we defended against a disqualification claim and other claims brought by a liquidator

Case studies

View all case studies

Contact us in confidence