The decisions of the Disqualification Unit of the Insolvency Service in deciding whether to investigate directors’ conduct and then whether to seek a Disqualification Order can appear inconsistent. As a consequence company directors can be excused for being unclear as to the consequences of their actions and the prospect of being subject to disqualification proceedings. Nevertheless, an early engagement with the Insolvency Service or its Solicitors and a robust but simple response to their enquiries can narrow issues and introduce certainty.
We regularly act for directors who are unfortunate to attract the attention of the Disqualification Unit. As some of our lawyers have acted for the Disqualification Unit in prosecuting disqualification cases, we have a special understanding of the issues involved which we combine with a realistic attitude towards the financial consequences when advising.
We achieve consistent success in the defence of directors and often a complete exoneration of our clients. Where this is not possible, we ensure the costs and inconvenience of the disqualification process and any subsequent period of disqualification are minimised.