County Antrim director disqualified

Conor Hughes (56) of Brackenhill Square, Belfast was disqualified for eleven years on 30 September 2021, in the High Court, Belfast in respect of his conduct as a director of Doorsteps at the City Ltd - In liquidation, Doorsteps at the Mill Ltd – In Liquidation, Doorsteps Gourmet Sandwich Co Ltd – In Liquidation & Jazcon Dunmurry Ltd – In Liquidation (“the Companies”).

Director Disqualification Undertaking

The Companies operated as take away food shops and mobile food stands, and went into liquidation on 22 September 2016 with an estimated deficiency as regards creditors of £688,181.  There was a total of £4 owing as Share Capital, resulting in an estimated deficiency as regards members of £688,185. 

The matters of unfit conduct alleged by the Department in relation to Conor Hughes in respect of his conduct as a director of the Company and accepted by the Court were:

• Breaching Article 4 of the Company Directors Disqualification (Northern Ireland) Order 2002 by becoming involved in the management of each of the companies;

• Neglecting the Companies tax affairs and retaining monies payable to the Crown;

• Failing to maintain and/or preserve and/or deliver up adequate accounting records;

• Failing to fully cooperate with the Official Receiver.

The Department has accepted 19 Disqualification Undertakings and the Court has made 4 Disqualification Orders in the financial year commencing 1 April 2021.

Notes to editors: 

1. Insolvency Practitioners acting as voluntary liquidators, administrative receivers and administrators have a duty to report unfit conduct to the Insolvency Service within the Department for the Economy.
2. The aim of the Department is to bring disqualification proceedings against those directors of failed companies who have abused the privilege of limited liability status through negligence, incompetence or lack of commercial probity. The legislation contained in the Company Directors Disqualification (Northern Ireland) Order 2002 (“the 2002 Order”) is for the protection of the public and trading community but its operation should not inhibit genuine enterprise.
3. In cases where a person is subject to either a Disqualification Order made by the Court or a Disqualification Undertaking accepted by the Department, that person shall not be a director of a company, act as a receiver of a company's property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless he has the leave of the High Court. A disqualified person cannot obtain permission to act as an Insolvency Practitioner.
4. Article 9 of the 2002 Order provides that where a director is found to be unfit he must be disqualified for a minimum period of two years, up to a maximum of fifteen years. The Courts have decided that the level of seriousness of unfit conduct can fall into three brackets with the top bracket of periods over ten years reserved for particularly serious cases, six to ten years reserved for cases which do not merit the top bracket and two to five years for cases where, although disqualification is mandatory, the case is less serious.
5. The 2002 Order also allows directors, with the agreement of the Department, to avoid the need for a court hearing by offering an acceptable Disqualification Undertaking. This has exactly the same legal effect as a Disqualification Order made by the court, and will usually include a schedule identifying the director’s unfit conduct. The consequences of breaching a Disqualification Undertaking are the same as those for breaching a Disqualification Order.
6. If anybody contravenes a Disqualification Order or breaches their Disqualification Undertaking they may be committing a criminal offence and could go to prison for up to two years or face a fine or both. Any person with information to suggest that a disqualified person has acted in contravention of this provision should contact The Insolvency Service’s Directors Disqualification Unit on 028 90 548582.
7. The period of disqualification commences at the end of 21 days beginning with the day the Disqualification Undertaking was accepted by the Department.
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