Having worked in the Scuba Diving, Magazine and Trade Fair Industry for many years, we decided to go it alone and start our own business through a limited company. Through hard work, determination and passion, we had built up an envious and well sought after reputation, dealing with clients not only within the United Kingdom, but in the USA, Australia, New Zealand and beyond in the scuba diving and water orientated activity sector.

Our confidence in running our new business began to grow as interest, trade and turnover significantly increased. We were very excited about what the future could bring. Unfortunately, that excitement was brought to a shuddering halt attributable to the Covid-19 Pandemic (‘Covid-19) and the array of restrictions that followed. We were then left with no option, but to place our company into liquidation. This was a very difficult and upsetting decision for us both. We then subsequently received notice from the Insolvency Service (‘IS’) that they were investigating our conduct as directors with a view to issuing Director Disqualification Proceedings.

The shock, fear and complete loss of how to deal with the matter and the potential impact any Disqualification Ban would have on our reputation, ability to trade and provide for our families was overwhelming and difficult to put into words.

What We Did

Neither of us had previously been subject to any investigation or enquiry that could lead to a sanction being placed upon us. We had always conducted ourselves to the highest professional standard. We were at a complete loss and unsure on how to proceed. We then reached out to Gulshan Kumar (‘Gulshan’) who we had found through making internet enquiries. Gulshan explained to us both how the procedure worked, a clear approach in how to provide our version of events and tactics in how to convince the IS that Director Disqualification Proceedings should not be issued. This included making detailed submissions and attending a meeting with the IS.

The result - No Director Disqualification Proceedings To Be Issued

Having followed Gulshan’s advice the background, context and extreme pressure that the business and both of us were put under attributable to Covid-19 was communicated to the IS. However, there was an initial reluctance to accept our version of events or mitigating factors. This  placed a significant burden on both of us as a separate business that we had was now trading profitably. Had we been disqualified that business would have also had to be closed which would have resulted in job losses.

Although losing faith in the process, with the assistance of Gulshan we were able to persevere with the IS subsequently agreeing, changing their position and confirming that the facts did not give rise to Director Disqualification Proceedings being issued. It is difficult to put into words the relief, happiness and joy the positive outcome this investigation has had. At the start it appeared from the tone and aggressive approach of the IS that it was likely that we would both be disqualified. We do not want to imagine the impact that would have had on our lives, those of our  employees and families. Attributable to all of us pulling in the right direction,

Gulshan’s guidance and determination to convince the IS not to proceed has resulted in both of us now being able to move forward and put this unpleasant time in our lives behind us. If anyone finds themselves in a similar position they should not wait, hesitate or be reluctant to seek
legal advice. We did and with Gulshan’s assistance, was able to convince the IS that we should not be disqualified.

R. Arnold, Hampshire
M. Evans, Shropshire