Carillion – directors’ disqualification proceedings

Following an investigation by the Official Receiver, the Insolvency Service, acting for the Secretary of State for Business, Energy and Industrial Strategy, has applied to the High Court for director disqualification orders against eight directors and former directors of Carillion.

An Insolvency Service spokesperson said:

We can confirm that on 12 January 2021 the Insolvency Service, acting on behalf of Secretary of State, applied for director disqualification orders against eight directors and former directors of Carillion. The application was made in the public interest.

For background

• Officials at the Insolvency Service issued the proceedings on behalf of the Secretary of State for Business, Energy and Industrial Strategy in accordance with his powers under the Company Directors Disqualification Act 1986. Pending the outcome of the proceedings, we cannot comment further.
• Carillion plc was wound up by the court on 15 January 2018 and the Official Receiver was appointed as the Liquidator. The Official Receiver has a duty to investigate the causes of the failure and the promotion, formation, business, dealings and affairs of a company which has been wound up by the court.
• Following a report about the conduct of each director submitted by the Official Receiver, who is a statutory office holder and officer of the court within the Insolvency Service, the Secretary of State determined it to be expedient in the public interest that a court makes an order disqualifying the directors on the grounds that their conduct, whilst acting as a director of Carillion, makes them unfit to be concerned in the management of a company
• Persons subject to a disqualification orders and disqualification undertakings are bound by a range of restrictions, including not being able to be a director of any company registered in the UK or an overseas company that has connections with the UK and being involved in the promotion, formation or management a company. Further guidance on GOV.UK