The [ Directors OR Secretary] [Insert company name] [Insert company address] [Insert date] Dear [Directors OR Secretary], [Insert company name] (the Company) I hereby resign from [each of ]my office[s] as [a ] [director AND/OR secretary] of the Company [and its subsidiaries ] [with immediate effect OR with effect from [[insert time] OR the close of business] on the date of this letter OR with effect from [[insert time] OR the close of business] on [insert date] OR with effect from

The Insolvency Service has reported that Mordechay Maurice Ben-Moshe, aged 48, director of Birmingham-based Extra Energy Supply Ltd, has been banned for six years, following breaches of energy market rules and regulations which has caused distress to customers who could not afford to pay. Ben-Moshe's disqualification began on 15 November 2023 which prevents him from becoming involved in the promotion, formation or management of a company, without the permission of the court.

Restructuring & Insolvency analysis: The court imposed a seven-year disqualification order on the defendant on the basis that payments to a connected company were: (i) gratuitous payments to the detriment of the Company’s general body of creditors at a time when the Company was insolvent and the defendant knew or ought to have known that it had no real prospect of success, and (ii) involved the use of funds borrowed under a Bounce Back Loan (BBL) and a Coronavirus Business Interruption Loan (CBIL) in breach of the loan agreements. Written by Giselle McGowan, barrister at 9 Stone Buildings.

The Insolvency Service has announced that Carl Barnes, the director of Central Plumbing & Heating Lincoln Ltd, has been disqualified for 11 years after dishonestly securing a Covid Bounce Back loan of £47,500 by falsely claiming the company had a turnover of £340,000 for 2019 when it had none. The company, incorporated in April 2016 and based in Lincoln, made a small profit in its first year but filed dormant accounts in subsequent years. The company went into liquidation in October 2022. The Secretary of State accepted a voluntary disqualification undertaking offered by Barnes, with the ban beginning on 8 May 2025. The disqualification order prevents Barnes from being involved in the promotion, formation, or management of a company without court permission.

Restructuring & Insolvency analysis: A director of a property management company was disqualified for nine years following-(1) his failure to ring-fence client monies received from leaseholders by way of service charges (as contractually required under the company’s management agreement with the leaseholders, as well as under their relevant leases); and (2) his failure to maintain or deliver up to the official receiver (OR) proper accounting records which might explain the reason for payments exceeding £500,000 made from the company’s bank account to third parties. The decision will be of interest to practitioners as it shows the court recognising that a director’s misfeasance in failing to keep client monies in designated client accounts, and then failing to return those monies back to the designated client account, can amount to unfitness for the purposes of directors’ disqualification. The case also shows how seriously the court views a breach by directors of their statutory obligation to maintain and deliver up proper accounting and financial records. Written by Raj Arumugam, barrister at 5 Stone Buildings.

Law360: The director of a shooting range has been ordered by a crown court to pay a total of £15,000 for withholding information from The Pensions Regulator (TPR) as it investigated his company, the watchdog has said.

Commercial analysis: The court considered whether a builder/restaurant fitter had contracted with Mr Sayed, the first defendant, in his personal capacity, or with the company of which he was a director. On the facts and applying relevant authorities, the court preferred the claimant’s position and decided the first defendant had contracted in his personal capacity. Written by Graeme Kirk of Lamb Chambers.

Restructuring & Insolvency analysis: Insolvency and Companies Court Judge (ICCJ) Greenwood has held a director liable for fraudulent trading, wrongful trading and misfeasance in respect of two retail companies in liquidation. In making an order that the director contribute to the winding up of the companies, the court ordered the director to pay the costs and expenses of the liquidations. A second director of one of the companies in liquidation was also held liable for wrongful trading and misfeasance. The second director was held liable notwithstanding taking no part in the management or operations of the company and having no knowledge of the company’s affairs. The case contains useful guidance on the relevant principles for establishing fraudulent trading and on the nature of the remedy for that cause of action. Furthermore, the case helpfully elaborates on some of the core duties of a director which will apply regardless of the extent of a director’s involvement in the management of a company. Written by James Fagan, barrister at Radcliffe Chambers.

The Director of Labour Market Enforcement, Margaret Beels OBE, has launched an open call for evidence for the 2025-2026 Labour Market Enforcement Strategy. In light of the shift towards the Fair Work Agency (FWA) and considering the timing of the Director’s 2025-2026 Labour Market Enforcement Strategy, this call for evidence is focused on what enforcement bodies (including HMRC National Minimum Wage (NMW), the Gangmasters and Labour Abuse Authority (GLAA) and the Employment Agency Standards Inspectorate (EAS)) need to do in preparation for the transition and to support the successful implementation of the FWA. All evidence must be submitted via email to LMEDirectorsoffice@businessandtrade.gov.uk, by 13 December 2024.

The Director of Public Prosecutions for England and Wales, Max Hill QC, has delivered a speech to the Cambridge Symposium on Economic Crime. The speech covers topics including corruption, asset recovery and sanctions, as well as considering what more can be done by the Crown Prosecution Service to create the best possible position for it to prosecute crimes.

Restructuring & Insolvency analysis: In this application for summary judgment, Deputy Insolvency and Companies Court Judge Addy KC dismissed the liquidator's application against the respondent director of the company in liquidation. Evidence and explanations provided by that respondent at the hearing (apparently for the first time) merited further investigation and made summary judgment inappropriate. Written by Matthew Innes, barrister at Serle Court.

Restructuring & Insolvency analysis: The liquidators of Courtside Recycling Ltd (Company) successfully brought a claim against the Company’s sole director for fraudulent trading and breach of duty. The director had dishonestly concealed two of the Company’s bank accounts and significant trading from the Company’s own accountants and through them, HMRC. His actions resulted in the Company’s true VAT liability being mis-declared. He also withdrew substantial cash sums from the Company’s account. The court considered the current law regarding how the burden of proof for fraudulent trading operates where the director has deliberately destroyed the company’s records. Although the court had an understanding that some of the withdrawn cash would have been used to fund Company expenses, there was no documentary evidence to confirm the position because of the director’s own actions. Written by Hannah Drozdz, professional support lawyer at Gateley Legal.