Experts in
Director
Disqualification

Experts in
Insolvency &
Restructuring

Experts in
Insolvency Claims
& Litigation

Experts in
Commercial
Litigation

Experts in
Regulatory
Disputes

Experts in
Construction
Disputes

We’re Supporting the RSPCA and SANDS in 2019

We’re Supporting the RSPCA and SANDS in 2019

Director Disqualification Solicitors, Insolvency Litigation Solicitors and Mac. All supporters of RSPCA and SANDS at Neil Davies and Partners

NDP is delighted to announce that its chosen charities to support in 2019 are the RSPCA and SANDS. Both charities are close to the heart of the owners of the business and the rest of the team of director disqualification solicitors, not least Mac our stress Relief Officer, who was instrumental in our choice of charities!

Fund raising events are planned throughout the year to raise money and do the best we can for those worthy causes. Details to follow!

A Bit About Mac and our Choice of RSPCA

Mac is our Stress Relief Officer here at NDP.

Mac is a dog, and its true to say that he doesn’t do any insolvency litigation or director disqualification work, but knowing him, he probably thinks he does!

What he does do is keep us all a bit calmer and much happier as a result of his antics. The team spend all their time working on insolvency litigation and director disqualification cases. When deadlines need to be met and time is tight, it can often get very busy and, on occasion, a bit stressful.

This is when Mac does his best work. He’s often in the office these days, and his calming presence helps everyone relax and de-stress.

He helps the NDP team in ways he knows best, which means allowing them to take him for walks during the working day, getting plenty of ruffles and cuddles and receiving a few treats along the way.

When you’ve got a stress relief office like Mac, it’s no wonder that one of our chosen charities is the RSPCA. He wouldn’t have it any other way!

So, if ever you need to contact us or call us on 0121 200 7040 to discuss a commercial litigation, director disqualification or insolvency claim issue with us, it may not be Mac you speak to, but you’ll know that he has played his part in keeping us all happy, relaxed and – hopefully – efficient! As well as playing his part in raising some funds for our two charities.

Failure to Fulfil the Duties of Directors and the Criminal Law Consequences

Failure to Fulfil the Duties of Directors and the Criminal Law Consequences

Director Jailed for Sale of Illegal Chemicals

Directors inevitably think about the civil law penalties they could face if and when things start to go wrong for them and their companies. Director disqualification is typically, for example, a civil law penalty, used at insolvency to penalise directors for not carrying their duties out correctly. However, there are also criminal law consequences for all company Directors who do not carry out the duties of directors, with sanctions ranging from being fined to receiving a prison sentence, or both.

In this article we look at a case where the director was jailed for 10 months, following a Health and Safety Executive investigation, for the sale of illegal chemicals which are known to have caused fatalities. This case is a timely reminder of how easily – and severely – things can go wrong for the Director who does not fulfil his/her duties as a director.

Background to This Case

 Mr Nicholas Corbett (‘Mr Corbett’), Director of Abel (UK) Ltd (‘the Company’), was recently sentenced to 10 months in prison for the online sale of products containing prohibited substances.

The Court heard how Mr Corbett was selling a plant protection product containing Sodium Chlorate, a prohibited substance, as well as a paint stripper containing dichloromethane (DCM), which is restricted under Registration, Evaluation, Authorisation and restriction of Chemicals (REACH).

The Company also failed to check at the point of sale whether the paint stripper containing DCM was either being sold for use in industrial installations or, after October 2016, to appropriately certificated professionals, which is a condition of sale.

The Consequences of the Director’s and the Company’s Actions

Mr Corbett of Weddington Road, Nuneaton pleaded guilty to breaching Regulations 9 and 18 of The Plant Protection Products Regulations 2011 and Regulation 11(2) of The REACH Enforcement Regulations 2008 and was given a 10-month custodial sentence.

HSE Comment

Speaking after the hearing, HSE inspector Sarah Dutton said:

“Chemicals are carefully regulated to protect human health and the environment. Sodium Chlorate is not approved for use in weed killers, as a safe level of use was not established for operators. Dichloromethane (DCM) has been restricted in paint strippers due to concerns for human health during its use – it has caused fatalities when not used properly.

Companies should be aware that HSE will take robust action against those who unnecessarily put the lives of workers and the public at risk, and against those who endanger the environment, through the inappropriate supply and use of chemicals , and will not hesitate to take action against those that fall below the required standards.”

Our Solicitors Comment

Had Mr Corbett taken the time to consider the safety of his customers, and the implications of the products he was selling, he could have been avoided the prison sentence imposed on him as a result of the HSE’s investigation.

The case is a reminder that compliance with Health and Safety Legislation is a statutory requirement for Directors and that a failure to observe such duties can result in a prison sentence for a defaulting Director.

It is also a salutary reminder of the criminal law enforcement action the HSE can and will take against Directors if there is a failure to comply and that Company Directors will be pursued personally in respect of Health and Safety breaches.

Our Role

As Solicitors specialising in the area of regulatory compliance, we are well used to dealing with the tactics and strategy of defending such cases, to the best advantage of the Company and its Directors. We are also experienced in working with the insurers for the Director and/or the Company in such cases.

Contact us for Help and Advice Regarding the Duties of Directors

If you have any questions regarding the duties of directors under Health and Safety legislation or more generally, and the effect of non-compliance in any case, please contact us or call us today on 0121 200 7040 for a FREE, no obligation initial chat.

Happy Christmas to All Our Clients and Contacts

Happy Christmas to All Our Clients and Contacts

A Christmas Message from Mac – the Stress Relief Officer at Neil Davies & Partners

Dear all, As NDP’s designated Stress Relief Officer (SRO) as detailed on the Neil Davies & Partners website (loving my photograph on there), I have been asked by the NDP Management (whoever they may actually be) to pen a quick Christmas message to you, our valued clients and contacts. Quite an honour for me I feel and yet further evidence, should it be needed, of NDP’s positive commitment to its approach to diversity and inclusivity!

Neil Davies & Partners

Happy Christmas from Mac

We Celebrated Our 1,000th Client

So here goes… it’s been a busy year for us all, that saw NDP on December 1st open a file for its 1,000th client, in our 12th year of trading. The humans really got a kick out of that and were last seen heading to the pub to discuss that development. I still have not worked out why so many important meetings have to take place away from the office, but I am assured it’s all for the best. (Obviously above my pay-grade).

New Recruits

What else can I tell you? The NDP team has further grown in 2018 with some good new legal talent coming on board to help look after our growing client base.  Richard (Shepherd) and Kunal (Bhalla) as new trainee solicitors, have added some real vim to the office atmosphere as has Siraj, who has recently joined us as a paralegal on his personal journey to becoming a solicitor.

Lovely chaps one and all. However, they need to better understand the need for readily available doggy treats if they are to keep drawing on my expertise and experience in 2019. No such thing as a free lunch, eh?!

My Role as Stress Relief Officer

On a personal note, my role as SRO has been as challenging as ever in 2018, trying to keep this lot on the straight and narrow. That has involved me taking them, in turn, for many walks during the working day and chatting through whatever may be vexing them at any particular time. Humans really do know to how to Complicate the most straightforward of matters don’t they?

My advice? Keep it simple guys. Stressing achieves nothing positive in my experience, and as the SRO, I really do know about these things.

Anyway. That’s enough from me.  On behalf of everyone at NDP, we wish you all a very merry Christmas and the 2019 that you would wish for yourselves and your family.

Now where’s that bone I was promised….. ?

Neil Davies & Partners