County Fermanagh director accepts nine year disqualification undertaking
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The Department for the Economy (the Department) has accepted a disqualification undertaking from the director of a company involved in wholesale of agricultural machinery, equipment & supplies.
The undertaking was received for nine years from Christopher Eugene Conwell JR (29) of Carrickyheenan Road, Lismalore, Brookeborough in respect of his conduct as director of Conwell Civil Engineering Limited.
The Company was involved in wholesale of agricultural machinery, equipment & supplies with a registered office at Carrickyheenan Road, Lismalore, Brookeborough. The Company went into liquidation on 28 April 2022 with an estimated deficiency as regards creditors of £1,468,048.01 There was a total of £100 owing as Share Capital, resulting in an estimated deficiency as regards members of £1,468,148.01.
The Department accepted the disqualification undertaking from Christopher Eugene Conwell JR on 17 February 2025 based on the following unfit conduct which solely for the purposes of the disqualification procedure were not disputed:
- Failing to co-operate with the Official Receiver. The Official Receiver has been unable to carry out the investigations into the affairs of the Company. As a result, the Official Receiver has been unable to:
- Obtain a director’s questionnaire.
- Interview him and obtain a Narrative Statement in respect of the Company.
- Obtain a sworn Statement of Affairs, and as a result the Official Receiver has not been able to determine the actual deficiency of the Company or seek an explanation for it and determine whether it arose from genuine trading difficulties.
- Accurately determine the assets and liabilities of the Company.
- Satisfy himself that all assets and liabilities of the Company have been properly accounted for.
- Satisfy himself that the insolvency arose from genuine trading difficulties.
- Confirm the date the Company ceased trading.
- Investigate fully the circumstances leading to the failure of the Company or obtain any reasons for the failure;
- Applying for and receiving the maximum Bounce Back Loan available of £50,000 from Bank of Ireland which he knew or ought to have known the Company was not entitled. He certified that his annual turnover was £250,000 when it was £130,916.58 for the 2019 calendar year. He obtained an additional £17,271 of Bounce Back Loan as a result;
- Causing and / or permitting the misapplication of Bounce Back Loan monies and / or acting in a manner to benefit himself rather than the Company by making a payment of £17,625.00 to William Keys and payments of £18,343.00 to Aldermore Bank PLC in favour of other creditors. The Bounce Back Loan ultimately did not provide any economic benefit to Conwell Civil Engineering Limited and therefore contravened the conditions attached to the Bounce Back Loan;
- Causing and / or permitting the Company to fail to submit VAT returns resulting in a VAT assessment of £114,834.00 having to be raised by HMRC, resulting in a loss of monies properly due to the Crown from 2017/18. He continued to run the Company without any regard to his obligations as a director in terms of compliance with the VAT regime. This resulted in the Company having more money than it ought to have had available to fund its continued trading;
- Failing to comply with the relevant legislation in that annual accounts for the year ended 31 May 2017, 31 May 2018, 31 May 2019 and 31 May 2020 were never filed; and
- Failing to comply with the relevant legislation in that the confirmation statement for the year ending 26 May 2020 was never filed.
The Department has accepted twenty-seven disqualification undertakings and the Court has made six disqualification orders in the financial year commencing 1 April 2024.
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 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.
- For media enquiries contact the Department for the Economy Press Office at pressoffice@economy-ni.gov.uk
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