Insolvency Service
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Garage bosses allowed disqualified director to run company

Two garage bosses banned after they allowed a disqualified director, who happened to be their husband and ex-husband respectively, to run their company.

Janice Rogers (61) and Elizabeth Dagg (70), both from Northumberland, were directors of Auto Testing Limited (ATL). Incorporated in February 2007, ATL operated as a car mechanics, fuel station and convenience store.

There was also a third boss, Stewart Rogers. But the 72-year-old from Northumberland had been previously disqualified for five years in January 2011 in relation to his conduct as director of a separate company, Northern 4 x 4 Centre LTD, and should not have been managing the business.

The company entered voluntary liquidation in October 2016 and the Insolvency Service were tipped off to Stewart Rogers’ involvement.

Investigators were able to gather evidence which showed that Stewart Rogers had been running ATL and Janice Rogers, Stewart’s current wife, and Elizabeth Dagg, his ex-wife, had been aware of his disqualification.

On 17 October 2018, the Secretary of State accepted a disqualification undertaking from Stewart Rogers, after he admitted acting as director whilst disqualified. His ban is effective from 7 November 2018 and lasts for 11 years.

On the same day, the Secretary of State accepted disqualification undertakings from Janice Rogers and Elizabeth Dagg, after both admitted allowing Stewart Rogers to act as director whilst disqualified. Both bans are effective from 7 November 2018 and last for 5 years.

Robert Clarke, Chief Investigator for the Insolvency Service, said:

Our investigation showed that Stewart Rogers was acting as a director of Auto Testing Limited in direct breach of the earlier disqualification undertaking he had given, and that Janice Rogers and Elizabeth Dagg had allowed him to do so.

The Insolvency Service will vigorously pursue directors who ignore disqualification restrictions against them, as well as those that allow such directors to act. The length of the undertakings in this case sends a clear message that such behaviour will not be tolerated.

Notes to editors

Stewart Rogers is of Morpeth, Northumberland, and his date of birth is October 1946.

Janice Rogers is of Morpeth, Northumberland, and her date of birth is June 1957.

Elizabeth Dagg is of Morpeth, Northumberland, and her date of birth is April 1948

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

Channel website: https://www.gov.uk/government/organisations/insolvency-service

Original article link: https://www.gov.uk/government/news/garage-bosses-allowed-disqualified-director-to-run-company

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