County Antrim directors disqualified for eight years
Date published:
The High Court has made a Disqualification Order against the directors of a company operating in the business of travel agents.
The Order was made for eight years against David John Weir (53) of Whitesides Road, Randalstown, Co. Antrim* and Sharmayne Louise Weir (54) of Craigahulliar Road, Portrush, Co. Antrim** in respect of their conduct as directors of Weir Travel Limited (“the Company”).
The Company was involved in travel agency activities with a registered office at 26 New Row, Coleraine, BT52 1AF. The Company went into liquidation on 21 January 2022 with an estimated deficiency as regards creditors of £291,870.00. There was a total of £30,000 owing as Share Capital, resulting in an estimated deficiency as regards members of £321,870.00.
The Court made the Disqualification Order against David Weir and Sharmayne Louise Weir on 26 June 2025 based on the following unfit conduct which solely for the purposes of the disqualification procedure were not disputed:
a) They breached their fiduciary duties to the Company to the detriment of the Company and to a third company director, in that they, without his knowledge or consent converted his share capital to an unsecured loan, made dividend payments from the company without giving the third director the quantum to which he was entitled, paid themselves inflated salaries when challenged in respect of dividends, operated the Company outside its constitution, and permitted a conflict of interest to exist between their personal financial interests and the well-being of the Company; and
b) They failed to set up and pay into, a workplace pension scheme under the relevant legislation. In addition, they deducted pension contributions from employees of £14,381, however failed to pay these, as well as employer contributions of £8,325, into a pension scheme, resulting in a potential total pension loss to employees of £22,706 before any investment gain or loss
The Department accepted seven Disqualification Undertakings and the Court made two Disqualification Orders in the financial year commencing 1 April 2025.
IMPORTANT NOTE:
* Subsequent to the Disqualification Order, the Master has set aside the Order relating to David Weir and adjourned the proceedings against him pending service outside the jurisdiction. The effect of this is that David Weir is no longer disqualified (at present).
** The address for Sharmayne Weir should be Thornlea Drive, Coleraine.
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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