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Your options when facing an investigation by the Insolvency Service

The Insolvency Service are the executive agency of the Secretary of State for Business Energy and Industrial Strategy empowered to investigate suspected contraventions of the Company Directors Disqualification Act 1986 and to bring proceedings to disqualify people from acting in the capacity as a director or being concerned in the management of a company.

We are specialist insolvency lawyers with years of experience of dealing with all aspects of company directors disqualification investigations and proceedings. Our advice to every client is to first of all identify what you the client want to achieve in responding to the Insolvency Service. It is only in arriving in settled objectives that a winning strategy can be developed.

 

How we can help

In answering the Insolvency Service’s director disqualification investigation you may think about the following as a range of objectives:

Robustly answering any complaints about your conduct as company director so that the investigation is swiftly shut down without any proceedings
Defending in full until determination by a Judge court proceedings to disqualify you as a company director
Seek to reduce the period of disqualification proposed by the Insolvency Service and conclude any investigation or proceedings by way of a disqualification undertaking
Avail yourself of the time periods of any Insolvency Service investigation or court proceedings so as to re-arrange your commercial roles and obligations
Protect your financial assets from any Compensation Order that the Insolvency Service may seek or from financial proceedings that an administrator or liquidator may instigate in matters connected with the facts to the Insolvency Service investigation

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    In deciding what your objectives are they will be formed by some of the following considerations:

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      How much will these company director disqualification investigations and proceedings cost?
      Will you be asked to pay the costs of the Insolvency Service as part of the company director disqualification investigation or proceedings?
      What is the strength of the evidence against you?
      Are you able to obtain your own evidence to rebut the Insolvency Service claims?
      How long is this all likely to take?
      What is the risk that you will face a Compensation Order claim or separate Insolvency Practitioner claims such as misfeasance proceedings?

      What happens at your first meeting?

      In our first meetings with you Stephen Chinnery and his team of specialist insolvency solicitors will work through these issues and devise a a litigation strategy that aims to hit your objectives.  Because our team has years of experience in dealing with company director disqualification claims we will be able to work on agreed portions of work at fixed fees if the matters are sufficiently clear.  All of this will give you the peace of mind to understand what this investigation or claim is likely to cost.

       

      Get a free case evaluation. Call now 0161 748990998