HomeFWJ TakeawayDirector disqualification claimsDefending legal proceedingsDirector disqualification – procedure for remaining a director despite disqualification

It is possible for a director to make an application to remain acting as a director or be involved in the management despite a disqualification order or undertaking. We have a 100% success record in these applications going back to 2002. Our team can help you back into business.

Over the ten years we have worked together, FWJ continue to achieve exceptional results year on year. Andy Wilks and the team have been a pleasure to work with and have always provided pragmatic, commercial and accurate advice on a wide range of matters. FWJ have become an integral part of our business and we cannot recommend them highly enough.

A longstanding client whom we have advised on various matters

It is possible to remain a director despite disqualification. It is governed by section 17 of the Company Director Disqualification Act.

At Francis Wilks & Jones, we have a 100% success record in acting for directors in these applications stretching back to 2002. We are the leading experts in the UK dealing with these court applications.

Below are the key steps – which we can help you with.

Step 1

Prepare evidence in support of the claim. This will consist of drafting director disqualification affidavits (a type of written statement) in support of your claim. These will need to exhibit all supporting documentary evidence backing up or referred to in your written statements.

Step 2

If already disqualified, you start your application by filling out a claim form. If you are subject to on-going proceedings, you do it by way of an application notice (a simple precedent document). Attached to the application notice or claim form will be

  • a draft of the order you are seeking from the court;
  • a list of the proposed director disqualification conditions you agree to give as part of permission being granted by the judge;
  • sworn copies of all your finalised written evidence.

The length of the director disqualification hearing will depend upon the volume of evidence to be heard and the attitude of the Secretary of State to the application.

Step 3

Serve the application notice, draft order and finalised evidence on the Secretary of State (or its solicitors if they have one) at least 3 clear working days before the date of the hearing (although longer is always better as there are always pre hearing negotiations).

Step 4

Enter in to negotiations with the Secretary of State (or its solicitors) as to the terms of the draft order you are seeking and look to reduce any differences between the parties

Step 5

Attend the hearing and present the case to the court. This will need to be done by a barrister skilled in this area of the law.

Francis Wilks & Jones is the county’s leading firm of director disqualification solicitors. With a combined experience of over 75 years in director disqualification claims and a 100% success record in section 17 applications. We are the genuine experts in this field. Contact one of our friendly expert director disqualification solicitors now for your consultation.

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 in disqualification proceedings

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