Thursfields’ insolvency and debt recovery team regularly advise company directors in connection with director disqualification offences and claims brought against them by the Secretary of State. We are able to negotiate with the Secretary of State on behalf of our clients and minimise the effect of a disqualification undertaking or a disqualification. We also have a proven track record for successfully defending disqualification claims brought under the Company Directors Disqualification Act.
Our recent experience includes:
- Successfully negotiating the length of a directors disqualification undertaking down from five years to two years and six months;
- Making an application to the court under Section 17 of the Company Director’s Disqualification Act for permission to act as a director notwithstanding the existence of a disqualification undertaking.
- Advising shadow and de-facto directors of the risks of acting as a non-statutory director whilst subject to a disqualification undertaking.
- Successfully defending director disqualification proceedings on the grounds of mitigating factors, namely that the general economic downturn contributed to the company’s financial position rather than the acts and omissions of the company director.