County Antrim director disqualified for 14 years
Date published:
The High Court has made a Disqualification Order against the director of companies which traded in business activities including licensed restaurants, take-away food shops and mobile food stands.
The Order was made for fourteen years against Jacqueline Clarke (63) of The Mill, Six Mile Water Mill, Co. Antrim in respect of her conduct as director of DEC (N.I.) Ltd, DJD (N.I.) Ltd, The Parkhall Chippy (N.I.) Limited, DRC (N.I.) Ltd and Balloo Investments (N.I.) Ltd (“the Companies”).
DEC (N.I.) Ltd traded in the business of licensed restaurants with a registered office at 26 Ballymoney Road, Ballymena, BT43 5BY. The Company went into liquidation on 15 September 2022 with an estimated deficiency as regards creditors of £50,000. There was a total of £1 owing as Share Capital, resulting in an estimated deficiency as regards members of £50,001.
DJD (N.I.) Ltd traded in the business of licensed restaurants with a registered office at 26 Ballymoney Road, Ballymena, BT43 5BY. The Company went into liquidation on 15 September 2022 with an estimated deficiency as regards creditors of £50,000. There was a total of £1 owing as Share Capital, resulting in an estimated deficiency as regards members of £50,001.
The Parkhall Chippy (N.I.) Limited traded in the business of take-away food shops and mobile food stands with a registered office at 26 Ballymoney Road, Ballymena, BT43 5BY. The Company went into liquidation on 15 September 2022 with an estimated deficiency as regards creditors of £152,214.90. There was a total of £1 owing as Share Capital, resulting in an estimated deficiency as regards members of £152,215.90.
DRC (N.I.) Ltd traded in the business of licensed restaurants with a registered office at 26 Ballymoney Road, Ballymena, BT43 5BY. The Company went into liquidation on 15 September 2022 with an estimated deficiency as regards creditors of £50,000. There was a total of £1 owing as Share Capital, resulting in an estimated deficiency as regards members of £50,001.
Balloo Investments (N.I.) Ltd traded in the activities of other holding companies not elsewhere classified with a registered office at 26 Ballymoney Road, Ballymena, BT43 5BY. The Company went into liquidation on 15 September 2022 with an estimated deficiency as regards creditors of £50,000. There was a total of £2 owing as Share Capital, resulting in an estimated deficiency as regards members of £50,002.
The Court made the Disqualification Order against Jacqueline Clarke on 8 January 2026 based on the following unfit conduct which solely for the purposes of the disqualification procedure were not disputed:
- She knew when applying for the Bounce Back Loan, that DEC (N.I.) Ltd was not trading and therefore had not been / could not be impacted by Covid-19 as the Company had not commenced trading at that point. Furthermore, she knew and / or ought to have known that the Bounce Back Loan would not provide an economic benefit to the Company. As such, DEC (N.I.) Ltd was neither entitled to claim nor receive, financial assistance from a Bounce Back Loan;
- She applied for and received the maximum Bounce Back Loan of £50,000 in respect of DJD (N.I.) Ltd from Barclays bank which she knew or ought to have known the Company was not fully entitled. She certified that her annual turnover was £225,000 when it was £67,929.06 as calculated for the 2019 calendar year for DJD (N.I.) Ltd, obtaining an additional £33,018 of Bounce Back Loan as a result;
- She caused and / or permitted the misapplication of Company funds in each of the following companies:-
- Parkhall Chippy (N.I.) Limited – she used the Bounce Back Loan and / or Coronavirus Business Interruption Loan for the benefit of Balloo Investments (N.I.) Ltd, a connected company of which she was sole director. The Bounce Back Loan monies transferred to the connected company did not provide an economic benefit to The Parkhall Chippy (N.I.) Limited, contrary to the loan terms;
- DJD (N.I.) Ltd – she used the Bounce Back Loan and / or company funds for the benefit of Balloo Investments (N.I.) Ltd, a connected company of which the Respondent was sole director. The Bounce Back Loan monies transferred to the connected company did not provide an economic benefit to DJD (N.I.) Ltd, contrary to the loan terms;
- DRC (N.I.) Ltd – She used the Bounce Back Loan and / or Covid support grant for the benefit of Balloo Investments (N.I.) Ltd, a connected company of which the Respondent was sole director. The Bounce Back Loan monies transferred to the connected company did not provide an economic benefit to DRC (N.I.) Ltd, contrary to the loan terms;
- DEC (N.I.) Ltd – She used the Bounce Back Loan for the benefit of Balloo Investments (N.I.) Ltd, a connected company of which the Respondent was sole director. The Bounce Back Loan was therefore not used for its intended purpose as it did not provide an economic benefit to DEC (N.I.) Ltd; and
d) She provided a false and misleading declaration within her application form with Funding Circle. She applied for a Coronavirus Business Interruption Loan, when she had already received a Bounce Back Loan. She signed a declaration that the Company would refinance the Bounce Back Loan in full, however only £1,794.76 of the Bounce Back Loan was repaid. This resulted in The Parkhall Chippy (N.I.) Limited obtaining the benefit of an additional £48,205.24, to which the Company was not entitled.
The Department accepted eleven Disqualification Undertakings and the Court made four Disqualification Orders in the financial year commencing 1 April 2025.
Notes to editors:
- 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. The Official Receiver acting as liquidator, when a company is wound up by the Court, has a duty to investigate the causes of failure and report any unfit conduct to the Insolvency Service within the Department for the Economy.
- 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.
- 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.
- 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.
- 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.
- 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 548587.
- 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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