Avoiding A Disqualification Ban And Substantial Compensation Order
Escaping Death, Persecution And Torture
I am not a regular person, individual or somebody who has had a normal upbringing. I have witnessed genocide, death, destruction and all forms of human rights breaches in the country of my birth. Through bravery, the selfless acts of others and my own determination to not become a victim of war, I was able to leave the country of my birth and relocate to the United Kingdom (‘UK’).
Relocating To The UK
Upon arriving to the UK as a refugee, I worked hard to gain key life, business and social skills in order to integrate into society. This included working closely with the UK government, international charitable organisations and news outlets in relation to reporting, commenting upon and reviewing the ongoing political struggle in my country. Gaining these vital skills enabled me to create international relationships, partnerships and be in a position to own several successful businesses turning over significant sums within the UK.
Placing My Company Into Liquidation And The Impact Of The Covid-19 Pandemic
Attributable solely to the horrific and life changing impact of the Covid-19 Pandemic (‘C19’), I was left with no option, but to place one of my companies into Creditors Voluntary Liquidation (‘CVL’). This proved to be an incredibly difficult time for me as I had spent substantial time, cost and effort in building a base, brand and the team. I remained in no doubt that the company would have gone on to make a significant impact, not only in the business world, but also on a community and charitable level had it not been for C19.
Intention Of The Secretary Of State To Disqualify And Sanction Me Financially
Dealing with the turmoil of having to place my company into CVL, I was then shell shocked having received notice from the Secretary of State (‘SOS’) that my conduct as a director was being investigated. I instructed separate legal advisors who then assisted me in this matter. However, this only led to the SOS making the following determination:
- I should be disqualified as a director for a period of 10 years.
- A Compensation Order should also be made against me in the sum of £30,000.00.
Instructing Gulshan At D & N Solicitors And Leaving Current Legal Advisors
I was at a complete and utter loss of what to do. All the hard work I had put in once arriving in the UK was now at great risk to include the separate international charitable work that I undertook. Being banned would tarnish not only my reputation, but my ability to provide for me and my family. This impacted both my mental and physical health. I was unable to eat, drink, sleep or focus on anything other than the successful life that I had built for me and my family coming crashing down. However, there was a light at the end of the tunnel when I researched and came across Gulshan Kumar (‘Gulshan’) at D & N Solicitors. Having reached out to Gulshan, he was quickly able to put me at ease, went through the options available to me and what I could potentially do to limit my exposure and/or get the SOS to seek a lesser penalty against me. I immediately felt comfortable with Gulshan and was alarmed at my current legal advisors failure to offer the same options to me. Therefore, I abruptly terminated my retainer with my current solicitors and moved forward with Gulshan.
Engaging With The SOS
Gulshan had set out a clear and concise pathway for us to deal with the SOS. This included requesting a meeting. As well as preparing substantive and detailed submissions to be sent to the SOS prior to the meeting setting out the background, context, chronology and why I should not be disqualified to include no compensation order being made against me. Gulshan then attended a meeting with me and the SOS. The meeting proved to be a much useful exercise and provided me with an opportunity to meet the SOS for the first time and be able to defend my position on a face-to-face basis.
The Outcome – No Disqualification Ban Or Financial Penalty To Be Paid By Me
After the meeting the SOS made additional enquiries of both me and Gulshan and confirmed that they would then revert with a final determination. Being honest, I had mentally prepared at that stage to be banned and for a significant financial penalty to be made against me. However, to my much surprise, the SOS reverted confirming that they were terminating their investigation, would not be seeking a disqualification ban or compensation order against me.
The Relief For Me And My Family
At the very best, I expected to be disqualified (maybe for a lesser period) and having to pay a heavy financial penalty via a compensation order. However, working with Gulshan has brought about a result that was not considered a possibility, feasible or achievable in any capacity. Putting it simply, working with Gulshan has saved my life! Had I been disqualified and a compensation order also sought, it would have ruined me reputationally, financially and my career that I had worked so hard to build over the last 20 years being significantly tarnished and completely destroyed. Gulshan, I cannot say thank you enough, not only from me, but also from my family who would have also suffered greatly had the SOS remained in the mindset that I should be disqualified.
- Mr D.K, Manchester
