Individuals can be banned from working as company directors for between two and 15 years. If you have received correspondence regarding a director disqualification, please contact us at Altion Law. Our Director Disqualification lawyers can help you. Read on to find out how.
How can our Director Disqualification lawyers help?
We are leading experts in Director Disqualification proceedings. Our solicitors represent directors across England and Wales who are facing the threat of a Director Disqualification.
Offer expert legal advice
When you receive correspondence regarding a potential Director Disqualification, please contact us straightaway. Do not bury your head in the sand or try to face the problem alone.
Our Director Disqualification Solicitors can advise you as to the merits of your position and the options open to you. It is not always obvious how best to proceed. We can devise a strategy that is tailored to your situation.
Sometimes, the Insolvency Service has misinterpreted your actions and a simple explanation is all that is needed. Other times, we will need to mount a defensive challenge.
If you accept wrongdoing, or the evidence is stacked against you, then a voluntary undertaking may be preferable.
The right option depends entirely on the circumstances, including what allegations have been made, what evidence is available, and whether the opponent’s evidence can be dismantled. These are all things we can advise you on.
All discussions with our Director Disqualification Lawyers are entirely confidential.
Respond to pre-action correspondence
Directors typically receive a Section 16 letter advising them that the Secretary of State intends to begin Director Disqualification proceedings against them. You are given a short amount of time to respond – usually 10 days.
We can respond to this pre-action correspondence on your behalf. If more time is needed to complete our written representations, we will request a time extension.
Getting this response right is absolutely vital. With the right approach, it is possible to get the case against you dropped. We can tell your side of the story, compiling a comprehensive response that proves your innocence.
Represent you at meetings and interviews
The Insolvency Service or other UK authority may wish to interview you during the investigation stage. We can prepare you for these interviews. We can also attend any meeting with you, acting as your trusted legal representative.
Negotiate a Director Disqualification Undertaking
If you accept wrongdoing or there is little prospect of avoiding a Director Disqualification order, we will advise that you enter into a Director Disqualification undertaking. However, you do not have to accept the original length of disqualification being sought.
We can negotiate a reduced period of disqualification. We can also negotiate on any other terms, such as the payment of a compensation order.
Defend you in court
If your case goes to court, evidence is presented by both sides, after which the court decides whether or not to issue a Director Disqualification order. We will prepare your case, instructing legal counsel to argue your defence.
Apply for leave to act
If you are disqualified as a director, you can still apply for leave to act. This is when you ask the court for permission to act as a company director, or to perform duties that you are exempt from under the terms of the disqualification.
You can apply for leave to act during the disqualification proceedings themselves, or at a later date. Either way, it is necessary to make an application to the court, evidencing why your request should be granted. This is something our director disqualification solicitors can help you with.
Appeals and other applications
Our solicitors can advise whether you have grounds to appeal a Director Disqualification. It could be that the punishment is unduly harsh, or the judge made an error. If so, we can manage the appeal for you.
If you entered into a Director Disqualification Undertaking, then you also have the option of applying to reduce your disqualification period. Our director disqualification lawyers can complete the application on your instructions.
Get confidential legal advice
Please do not face a Director Disqualification alone. It may be possible to get the case withdrawn, or to secure a better outcome than you could ever have hoped for. Our Director Disqualification Solicitors have extensive experience in this area of law and know exactly what to do.