HomeFWJ TakeawayDirector disqualification claimsDisqualification legislationSection 11 of the Company Director Disqualification Act 1986

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 are other grounds such as bankruptcy. Whatever the reason or allegations against you - our team has been successfully defending director disqualification claims since 2002. Let us help you.

Set out below in full is section 11 of the Company Director disqualification Act 1986 setting out the general provisions relating to undischarged bankrupts.

Undischarged bankrupts

  • it is an offence for a person to act as director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the court, at a time when:
    • he is an undischarged bankrupt, a moratorium period under a debt relief order applies in relation to him, or
    • a bankruptcy restrictions order or a debt relief restrictions order is in force in respect of him.
  • “the court” for this purpose is the court by which the person was adjudged bankrupt or, in Scotland, sequestration of his estates was awarded.
  • in England and Wales, the leave of the court shall not be given unless notice of intention to apply for it has been served on the official receiver; and it is the latter’s duty, if he is of opinion that it is contrary to the public interest that the application should be granted, to attend on the hearing of the application and oppose it.
  • in this section “company” includes a company incorporated outside Great Britain that has an established place of business in Great Britain.

Francis Wilks & Jones is the county’s leading firm of director disqualification solicitors. We are genuine experts in what we do with a combined experience of over 75 years in director disqualification claims. Our knowledge of the Company Director Disqualification Act 1986 is unrivalled. Contact one of our expert solicitors now for your consultation.

FWJ exceeded my expectations by not only avoiding an order for my disqualification as a director but also negotiating a complete withdrawal of the prosecution. This has been such a relief and weight off my mind after many years and I am very grateful to them. I strongly recommend instructing them at the very earliest opportunity. Timely advice, realistic expectations, prioritisation and logical legal presentation were key.

A company director we successfully defended against a director disqualification claim by the Registrar of Companies

Case studies

View all case studies

Contact us in confidence