I was interested to read the recent case of IX v IY  which considered the question...
directors disqualification & insolvency practitioner disputes
Are you facing an investigation by the Secretary of State or by an administrator or liquidator, and potential court action, in relation to the running of a company? Either of these situations can have serious business and personal consequences.
Birkett Long has considerable experience and expertise in acting for directors facing such disqualification proceedings. The team is able to guide directors through the legal minefield, minimising the personal and business impact of such investigations and, where possible, avoiding disqualification or minimising the length of disqualification.
When a company goes into liquidation or administration, the insolvency practitioner appointed to deal with the failed business is under a statutory duty to investigate the affairs of the company, including the conduct of its director(s).
The sort of misconduct that typically will not go unnoticed includes:
- Non payment of Crown debts
- Concealing assets
- Unexplained deficiency in the accounts
- Transactions personally benefitting the director(s) or their families
- Overvaluing of assets
- Preferential payments to creditors or guarantors
- Taking deposits whilst failing to supply goods or services
- Transactions at an undervalue
- Wrongful or fraudulent trading
Our expert team is here to advise and support you through the investigations into your company and your conduct, the responding to notice of intention to seek disqualification, defending a claim for your disqualification as a director, negotiating an undertaking to be disqualified, or seeking permission to act as a director of specific companies notwithstanding disqualification. We are also well placed to provide focused, pragmatic advise on any claims brought against you by an administrator or liquidator.
Should you find yourself facing disqualification proceedings, we can help, and as is often the case, the sooner you seek our advice the better. If you would like further information about any of the issues raised please contact Kevin Sullivan on 01206 217376.
There are many ways to fund a dispute. Take a look at our 'funding litigation' page to view your options.
- Tracy England
- Associate, Chartered Legal Executive
- David Feakins
- Kevin Sullivan
- Partner, Head of Colchester Dispute Resolution Team
- 01206 711318
We have developed a notable specialism in pursuing, as well as defending, nil asset recovery claims based on allegations of misfeasance, wrongful/fraudulent trading and transactions defrauding creditors, as well as more routine transactions at an undervalue and preferences.
We have been appointed to carry out insolvency work for various Essex Local Authorities, including Colchester Borough Council, Maldon District Council and Braintree District Council.
Birkett Long is a member of R3 – The Association of Business Recovery Professionals.
What our clients say
You have given me hope we can turn this problem around even at this late stage. Many thanks for your assistance in this matter, I am very pleased to have found you to deal with these issues!
I was lucky enough to instruct Birkett Long on a very involved case in which Kevin Sullivan dealt with on my behalf and I have to say he did an absolutely amazing job and was probably the most helpful solicitor I have ever dealt with
Staff re-order disputes insolvency practioner IPS
- Kevin Sullivan
- Tracy England
- Thomas Lee