 |
  |
 |
        |
|
  |
 |
 Company Director Disqualification Act 1986 (CDDA) SGH regularly acts for directors targeted by the DTI for alleged “unfit conduct” and disqualification by the Court under Section 6 of the Company Directors Disqualification Act 1986 (“CDDA”). SGH are very familiar with all aspects of the disqualification regime. SGH are usually approached by directors when the DTI give them notice of the proposed proceedings, and the opportunity to give a Disqualification Undertaking. At this stage we will advise the directors as to the likelihood that the proposed proceedings can be successfully resisted. Where we consider this is unlikely we work with the director to consider how best to counter or mitigate the legal and commercial consequences of disqualification. In many cases SGH have acted upon applications by disqualified directors to be allowed to continue to act as a director of a particular company notwithstanding their disqualification. Such applications (pursuant to Section 17 of CDDA) can greatly reduce the practical impact of disqualification upon the director and the way he runs his business. SGH have had a very high success rate on these applications. SGH’s disqualification team is headed by Daniel Sejas. Daniel is a partner in SGH’s Insolvency Department, and is highly regarded in this field of law. He is assisted by Nicholas Hughes, who previously worked for Howes Percival. During his time at Howes Percival Nicholas specialised in acting for the Insolvency Service in bringing disqualification proceedings against directors, and as such is a ‘game keeper turned poacher’. Nicholas has brought to SGH an understanding of the Insolvency Service’s approach and procedures which allows us to judge what we can achieve for our clients by negotiation with the DTI and its solicitors and what we cannot achieve. Nicholas is very experienced in this field. Although we will often recommend that a director will be best served by adopting a low risk strategy of negotiating a disqualification undertaking upon favourable terms the shortest period followed by an application for permission to be a director of a particular company, where appropriate, we will not hesitate to recommend that the director vigorously defends the DTI’s application. We have successfully contested such applications to trial in the High Court in the past. We are confident that we have acted for more directors faced with disqualification proceedings than any other London firm in the last 5 years. Contact For further information, please contact:
|
|
|
