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If it is not possible to resolve the issues between the parties at pre-issue stage, the Secretary of State will issue legal director disqualification proceedings in the absence of a voluntary director disqualification undertaking.
Issue of director disqualification claim form
This means that the Secretary of State will issue a director disqualification claim form. This is normally pursuant to section 6 of the Company Director Disqualification Act which deal with director disqualification claims for unfit conduct.
- the director disqualification claim form will be issued at the court with insolvency jurisdiction nearest to where the company which entered into liquidation had its registered office;
- the director disqualification proceedings are in the form of a Part 8 claim form.
The director disqualification claim form will have with it the supporting witness statement or affidavit of the relevant examiner of the Insolvency Service or Secretary of State for Business Energy and Industrial Strategy together with a detailed exhibit to that director disqualification witness statement. The supporting documents can run often to 2 lever arch files.
The director disqualification claim form and supporting director disqualification documentation is then served on the individual or its legal advisers.
Director disqualification directions hearing
The next step in the director disqualification proceedings is a directions hearing at court which is commonly 6-8 weeks after the date of the director disqualification claim form.
The directions hearing is often agreed by consent in advance and is simply there to put steps in place to take the matter forward between the parties. Those steps include:
- a date by which the defendant’s evidence will be finalised and served. It is important to take proper advice at this stage to enable sufficient time to prepare that evidence; and
- a date by which any director disqualification evidence in Reply from the Secretary of State is served (if any).
Director disqualification trial
After that, the matter is then listed for a trial at court.
A director disqualification trial can take place many months after service of the evidence because court diaries are quite full and depending on how long the trial is likely to last, the further in the future it will be. Sometimes, a trial can be 6-12 months after service of the evidence in the director disqualification proceedings.
There are therefore quite a few steps in the director disqualification process and it is important that you seek expert legal advice in order to properly prepare for the steps. By doing so early, you maximise your chances of successfully defeating the director disqualification claim
At Francis Wilks & Jones, we can provide you will all aspects of advice relating to the director disqualification legal procedure. Contact us now for your confidential consultation.