Criminal lawyers at Taylor Law can assist if you’ve been arrested, the Police want to talk to you or you’re due in Court.
Why Taylor Law?
As well as supporting those in financial distress, the Insolvency Service exists to investigate wrongdoing in insolvent companies and to ensure creditors receive maximum returns. It examines both companies that are trading and those that have entered into insolvency proceedings and looks at the behaviour of companies and directors.
While the Service’s investigatory powers are civil and not criminal, a suspected criminal case may be referred to the Criminal Investigation Team or other regulatory or investigative authority with a view to bringing criminal charges.
Legal advice and representation during insolvency
At Taylor Law we have an in-depth understanding of corporate law and insolvency procedures and can help you manage an investigation by the Insolvency Service into your company’s affairs and your conduct as a director.
Our team are familiar with the processes used by the Insolvency Service and will work with you to provide the right documentary evidence in support of your defence. Our advice is honest and pragmatic and we will focus on reaching the best possible outcome for you and your business.
We regularly have dealings with Insolvency Service investigators and can provide assistance and cooperation in an attempt to show that any suspicions are without foundation. If a case is brought against you, we understand how to mount a robust defence and highlight any weakness in the evidence.
Matters investigated by the Insolvency Service
Once an administrator or liquidator has been appointed in an insolvency situation, they will make a report to the Insolvency Service in respect of the conduct of the company’s directors.
In the event that they raise concerns, you may be subject to an investigation. Areas of wrongdoing could include the following:
- Acting as a company director while disqualified
- Fraudulent trading
- Fraudulent business practices
- Failure to keep property company accounting records
- Conduct that is intended to defraud
- Failing to provide company members with information about the business
- Reusing a company name following insolvency
- Failure to disclose property to an Official Receiver
We have experience of defending clients across the full range of these allegations.
Dealing with an insolvency investigation
Our regulatory team will step in to advise you as soon as you are advised of an investigation and will liaise with the Insolvency Service to provide information and answer questions.
You may be interviewed under caution and we will attend with you to ensure that your rights are protected. We can work with you beforehand to prepare you and to make sure that you fully understand the situation and the points of your defence.
We will put forward the strongest possible case for the investigation to be dropped. In the event that the Insolvency Service reach a finding of wrongdoing, they have a number of options as follows:
Disqualification from acting as a director for up to 15 years.
Winding up of the company
Issuing an official warning
Referring the case for possible criminal proceedings
Where serious wrongdoing has occurred, for example, acting as a director while disqualified, a court can impose a prison sentence and hold someone personally liable for any losses that have occurred.
At Taylor Law we have an excellent track record of success in working with clients who are being investigated by the Insolvency Service.
We have expert civil and criminal defence solicitors in Leeds, Middlesbrough and London who can step in immediately to represent you and deal with investigators and police on your behalf.
For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
View Cost Details
This work is carried out by:
Scott Taylor – Director of Taylor Law – Supervisor
Mark Lake – Senior Solicitor
Imogen Cox – Senior Solicitor
Ben Tighe – Solicitor
Our current hourly rates are £201 plus VAT per hour, with routine letters/telephone calls/emails (less than 6 minutes) costing £20.10 plus VAT. We shall be able to give you a more accurate costs estimate once we have seen you and are able to establish how complicated your case is. There are also likely to be disbursements to pay. These are costs associated with your matter paid to third parties such as expert fees, travel costs, copying charges etc. These will depend on your individual case.
Due to the experience of our criminal solicitors (both of whom are ex-duty solicitors), unlike many firms that deal with motoring offences, we do not routinely instruct barristers to attend court on your behalf, thus minimising costs.
In some cases, we are able to offer fixed fee representation. However, this depends upon various factors, such as the likely plea, how long any trial will take and the factual/ legal complexity of the case.
Usually, a guilty plea to a simple matter, at a court local to one of our offices, can be dealt with by way of a fixed fee. If we are required to travel to a court in a different town or city, if the case is likely to be lengthy or will involve complex factual disputes or legal points, then the fixed fee will be higher.
In some cases, for instance where a not guilty plea is intended, or where the precise amount of work required cannot be accurately estimated or is unusually complex, then we are likely to deal with your matter by way of an hourly rate. Not guilty plea cases, which result in trials, are likely to start from £2,000 plus VAT and disbursements.
Our guideline fixed fees, based on attendances at local courts, are as follows:
Guilty pleas (requiring a single attendance at court) – from £800 plus VAT*
(*Additional attendances, for instance following an adjournment, are charged at £400 plus VAT)
Please note that the above fees relate solely to Magistrates’ Court cases. Appeals against sentence
or conviction, or privately funded Crown Court matters, can only be quoted upon a full assessment
of the case papers.
The typical key stages of dealing with a motoring case are as follows:
In guilty plea cases:
– Taking your initial instructions, reviewing the papers, advising on plea and likely sentence and, in not guilty cases, the likely issues for trial;
– Attending the Magistrates’ Court for the first appearance; dealing with plea and sentence.
In not guilty plea cases, as above, plus:
– Dealing with case management at the first court appearance;
– Taking a proof of evidence from you, taking statements from witnesses, instructing experts, drafting statements;
– Considering further evidence served by the prosecution and taking your instructions on it;
– Considering unused material;
– Drafting legal arguments (in complex cases)
– Preparation for and attendance at trial.
– The stages set out above are an indication and if some of the stages above are not required, the costs will be reduced.
As to timescales, for guilty pleas, cases typically conclude on the same day as the first appearance. In not guilty cases, it usually takes between 2 to 3 months to conclude, although if the trial is vacated and re-fixed for any reason, then it may take around 4 to 6 months.
“I used Scott Taylor to represent me when I sued the Police and Successfully won my case. I felt confident going to court as Scott walked me through everything and engaged an amazing barrister on my behalf. It took a while to get there but by god did we get there. I wouldn’t hesitate to use Scott again he knows what he is doing and supports you at all stages.”
Valerie Ann Cadman-Khan