We have been helping directors successfully defend disqualification proceedings since 2002. In that time we have helped 100's of directors deal with the claims and get on with their lives. We can help find the best solution for you too and deal with whatever court applications and hearings you might face.
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 gratefulA client who approached us just two weeks before the trial of a large director disqualification claim against him and his son
There are three main types of court hearings in director disqualification proceedings.
1. First “directions” hearing
The first type of director disqualification hearing to be aware of is what is commonly known as the first “directions” date.
When formal director disqualification proceedings are issued at court, it will put in the court diary a first hearing date. That date will be shown on the issued director disqualification claim form. It will show the date and time of the directions hearing.
This hearing enables the judge to put in place directions (or steps / key dates in the case) to enable the case to continue.
- this is only on the basis that the director disqualification claim is defended by the defendant;
- if the claim is not contested or an acknowledgement of service form filed in time, the first directions hearing can sometimes be treated as a hearing at which the court will make a director disqualification order on the basis that the claim is uncontested.
It is therefore very important to ensure that proper steps are taken to prepare for this director disqualification hearing in order that a disqualification order is avoided.
2. Interim director disqualification hearings
There can also be interim hearings within the director disqualification proceedings before it gets to formal trial.
These very much depend on whether, for example, any steps need to be taken by the claimant or defendant which are not part of the normal steps put in place to take the matter towards trial.
- an example of such a hearing would include where the defendant requires further time to file his/her director disqualification affidavits in reply to the director disqualification claim. Extension of time applications in disqualification hearings are common;
- other types of interim hearings might relate to disclosure applications whereby certain documents are being sought from either party or indeed third parties.
The main director disqualification hearing is of course a trial. Whilst most cases don’t reach trial stage, some of course do.
Director disqualification trials involve a full hearing of the issues in front of a judge and will involve giving oral testimony from all witnesses. Trial will also require specialist director disqualification solicitors and barristers to attend the hearing and argue the case. Following the director disqualification trial, the court will either decide to make a director disqualification order against the defendant or not.
Please contact one of our friendly expert director disqualification solicitors now for your consultation. At Francis Wilks & Jones, we have all the director disqualification experience needed to deal with any type of 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 enoughA director we defended against a disqualification claim and other claims brought by a liquidator