Director Disqualification Solicitors

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Director disqualifications can result from misconduct and breach of conduct claims, often in relation to insolvency proceedings against a company. Once a director’s disqualification order has been granted, a director can be banned from performing their duties for 2-15 years – a decision that undoubtedly has a significant negative impact on an individual’s personal, financial and professional life.

Our experienced director disqualification solicitors are here to guide you through the complexities of the disqualification proceedings, making sure that you have a clear understanding of the situation before you, as well as your available options and their consequences at all times. With Witan Solicitors, you can get back in control of your life and make practical decisions about your case with confidence.

If you have received notice from The Insolvency Services that director disqualification proceedings are starting against you, seek legal advice fast – contact our director disqualification solicitors in London, Birmingham and Northampton on info@witansolicitors.co.uk and benefit from a free, no-obligation consultation. 

Director Disqualification Proceedings

If a company you have been a director of enters insolvency proceedings, this will launch an investigation into the actions of all directors that preceded the insolvency and may result in the Secretary of State recommending director disqualification proceedings.

If the Secretary of State can prove that your conduct as a director merits a Director disqualification Order, you could be disqualified under Section 6 of the Company Directors Disqualification Act 1986 for “unfit conduct”. 

An alternative solution is Director Disqualification Undertakings – a process where a settlement is negotiated (as volunteered by the director) to reduce legal costs and avoid court proceedings. 

What is a Director Disqualification Order?

A Directors Disqualification Order is designed to prevent directors who have been found guilty of misconduct from being in any way involved in the management, promotion or organisation of a company, whether that’s in the role of a director, manager or liquidator. 

A Director Disqualification Order proceedings can begin within two years of the company being placed in administration or liquidation and, once granted, is effective for a period of 2-15 years. 

Disqualification of directors is ordered by the Civil Court and breaching the Order is considered a criminal offense. Doing so can lead to imprisonment (up to two years), as well as a significant fine. In addition to that, it can place personal liability for a company debt on the director.  

However, disqualified directors can apply to the court to gain permission to act as directors despite the Disqualification Order against them.

Our Services

If disqualification proceedings are started against you, you will become the subject of an investigation by the Insolvency Service. If that happens, our team will be there to guide you through the process with clear, actionable advice to obtain the best possible resolution.

Director Disqualification Proceedings

When you are the subject of director disqualification proceedings, our team will be by your side to offer the support and expertise you need to obtain a positive outcome. We can assist with:

• Pre-action correspondence – We will gather evidence and draft a response to the pre-action letter sent to you by The Insolvency Services. If we can prove that these proceedings are not needed or not in the interest of the public, it may be possible to stop the disqualification proceedings before they reach the Court
• Analysing the claim against you and your options – After familiarising ourselves with your case, we will give you effective advice on the solutions available to you and the best course of action
• Defending Director Disqualification Proceedings – If your case goes to court, our litigation experts, with over a hundred years of combined experience, will fight to win your case and if your defence is successful, your legal costs will be covered by the Insolvency Services
• Negotiating a settlement – If your chances of successfully defending your case are low, you may wish to avoid court proceedings altogether by volunteering to enter Director Disqualification Undertakings, which would allow our expert negotiators to obtain a mutually acceptable settlement on your behalf
• Legal representation – Our team will act as your legal representative in meetings between you and the Insolvency Services and their solicitors to ensure that your best interests are protected at all times

Compensation Orders

In addition to a Disqualification Order being granted, the Insolvency Service can also take action to obtain a Compensation Order that forces you to pay compensation for losses incurred by the company (as per the Company Directors Disqualification Act 1986 (‘CDDA’)). Our team can help you with legal advice when you are facing personal liability in relation to director disqualification proceedings.

Permission to Work as a Director Following a Disqualification

Even when a Director Disqualification order has been issued, it could be possible to seek permission from the court to continue to work as a director. Usually, the likelihood of success is higher when the period of disqualification is lower.

If we estimate that there is a reasonable chance of success, our director disqualification solicitors can take the necessary steps to apply to the court for permission (as outlined in the Practice Direction on Director Disqualification Proceedings 1999):

• Drafting Affidavits and (written statements) and collecting evidence to support your application
• Fill out a Claim Form if you are the subject of a Director Disqualification Order or an Application Notice, if the proceedings are still ongoing
• Serve the Application Notice, a draft of the Order you are seeking, as well as the finalised evidence to the Secretary of State, no less than three working days before your scheduled hearing
• Negotiate the terms of your desired draft Order with the Secretary of State to increase your chances of success in Court
• Represent you in hearings to fight your case in Court

Securing the Best Possible Outcome

Being under investigation by the Insolvency Service can be an extremely taxing experience for a director as the outcome of the situation can have irreversible consequences on your financial and professional circumstances for years to come. We understand the gravity of the situation and we act quickly to resolve the problem by taking the necessary legal steps, as well as offering level-headed advice to secure the best possible outcome for you. Our goal is to avoid disqualification where possible or reduce the period of disqualification where disqualification cannot be avoided.

Why Choose Witan Solicitors?

• 100+ Years of Combined Experience: Rely on a legal team with over a century of shared experience in corporate law and insolvency
• Established in 2014: Witan Solicitors has been a trusted legal partner for UK and international businesses since 2014
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
• Industry Experts: We strive to continuously develop our expertise to offer the best-in-class legal advice to our clients
• Multilingual Support: We work closely with international businesses, providing tailored legal advice in more than 10 languages
• Director disqualification experts near you: Our director disqualification solicitors work from three main locations in the UK – London, Birmingham and Northampton

To ensure that Witan Solicitors is the right legal partner for your business, we offer a free, no-obligation consultation to all our new clients. This initial meeting serves to give us more details about your circumstances and allows you to meet our director disqualification solicitors to find out how we can help. You are under no obligation to work with us after this meeting if you don’t feel confident doing so. To schedule your free consultation, call us today.