Director Disqualification Process
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Director Disqualification Process
The director disqualification process can be extremely lengthy, complicated and intimidating. We therefore recommend that you seek legal advice as soon as possible so we can help navigate you through this difficult time.
Pre-Action
In the first instance, you will likely receive a letter from the Insolvency Service asking you to fill out a questionnaire to assist with their investigation into your conduct. This letter will generally set out the areas the Insolvency Service are investigating. We strongly recommend that you seek legal advice at this point so that you do not prejudice yourself throughout the investigation.
Any information and responses provided by you can be relied upon in relation to any subsequent proceedings. Thereafter (and subject to their findings from the investigation) the Insolvency Service may be minded to make a recommendation to the Secretary of State that disqualification proceedings be issued.
If they are minded to do so, the Insolvency Service will send you a further letter setting out the same and the justification behind their recommendation. This is known as a pre-section 16 letter. It is still open to you at this juncture to submit further representations if the allegations made against you are refuted and/or incorrect.
Thereafter (and subject to the Secretary of State considering that proceedings should be issued) you should receive a section 16 letter which confirms (if they are minded to do so) that the Secretary of State will issue disqualification proceedings against you. This letter will also set out the main allegations of misconduct that the Secretary of State will seek to rely upon. Please note that further allegations may be relied upon at a later stage.
It is extremely important to contact director disqualification solicitors as soon as possible if you have received a section 16 letter as court proceedings are likely to be issued against you imminently.
Court Proceedings
If proceedings are issued, the Secretary of State will file a claim form with the court. This will be at the court nearest to where the company which entered into liquidation had its registered office which has insolvency jurisdiction.
The Secretary of State will also file affidavit evidence in support of the claim form setting out its case against you. Thereafter, the court will list a first hearing of its own volition to set down directions (i.e. next steps) for the parties to comply with throughout the proceedings. This is likely to include dates by which you will need to file and serve evidence in opposition to the claim.
After both sides have filed and served evidence, it is likely that the matter will be listed for trial and a judge will make a final determination of the issues based on the evidence provided by both sides. It should be noted that it can take up to one year (or sometimes longer) from the date the Secretary of State files the claim form with the court for the final hearing to take place. This is due to the court’s busy diary.
Call our director disqualification lawyers
If you’ve received a letter from the insolvency service relating to director disqualification, please contact our specialist team immediately. We are recognised as leaders in the field and backed with many years experience in defending directors. Call our friendly and experienced team today on +44 7441912822 or complete the online enquiry form.
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