Company Director Disqualification is handled and managed generally by the Defendant Liaison centre of the Insolvency Service based in Birmingham. This is because a file has been handed to the liaison unit as a result of a Company Investigations Branch Investigation which shows that it is in the public interest for the disqualification procedure to take effect.
Our experience and research tells us that a majority of the cases are because the directors of those companies have been reckless and 99.9% of all director disqualification proceedings are because the company has been trading seriously insolvently. What you as directors have to understand that the bar is set so high in respect to running a company that most companies fail in their duties somewhere along the line. If someone places a magnifying glass over a companies trading then it stands to reason that there is going to be fault with it. As warren Buffet said ‘ The view from the front window is entirely different to the view from the rear.
The process usually consists of an oppressive strike from the insolvency service against the directors of the limited company for Company Director Disqualification. If you feel that the action taken against you is wrong and that you have a justifiable reason for your actions and you want to avoid Company Director Disqualification then you need to stand firm and take your time to deal with the matters in hand. In England and Wales a director can represent the company in the courts.
Company Director Disqualification Scotland
In Scotland you cannot represent the company as a director in the Court Of session.
Scotland is different and runs on a 15th Century ruling disallowing any ordinary man from being able to represent themselves in the Court of session when facing company directors disqualification.
Despite a lot of changes over the last 500 years such as surnames an industrial revolution education communication and electronic communication it appears that the Inner House are reluctant to change a policy which allows solicitors and barristers to profit from all directors wanting to defend such actions. However in a company director disqualification application you can defend yourself although the secretary Of State may offer considerable degrees of resistance.
To talk in person with an experienced advocate then call 01425 600129 for all Company Directors Disqualification matters