Company liquidated by revenue - can director start again??

onq said:

All the criminal prosecutions must happen through the courts and the lowest level is district court level, after which they may be appealed to a higher court.

Regulatory matters usually start there as well, so any restrictions in a person's capacity to act, or their liberty will be run through a court.

However, and its a big "however", in planning matters the Planning and Development Act 2000 introduced Section 160, which allows members of the public to initiate legal action against people who are in breach of planning law.

This doesn't place the law into the hands of the public in a literal sense, but it allows members of the public to initiate actions that can result in fines or imprisonment or both.

IOW they don't have to wait for local authorities, who may be strapped for cash or manpower, to take legal action.

More powers like this for the public in company law and the laws governing the financial services sector would be a step towards genuine democracy IMO.

Click to expand...

I'm not sure where to start (again). As I said above, court actions by ODCE start at High Court level, not district court, and maybe you missed my inference that this in itself is part of the problem.

As regards company law matters, there are actually plenty of things individual membes of the public can do. Creditors of a company can apply to have it wound up, and appoint a liquidator, whose report (to the High court) may result in the restriction or disqualification of the director. There are lots of sections in the companies acts that pertain to civil offences and civil remedies; they're just so rarely invoked... and again IMO the fact that the cost of (high court) action is prohibitive, is a factor, especially since the offending company can be depended on not to have the resources to meet any liabilities after months/years of legal proceedings.

Beyond that, I think people need to be careful who they're doing business with. If they don't do their homework they're always going to be a target for gangsters like the OP described.

I agree with the last post re doing the homework before hiring someone. At least in the case of Mr A in my original post, some fairly basic googling will highlight his multiple liquidations and also the restriction registered against him so his chances of suckering somone else are fairly limited compared to even 2 years ago....