Legal News

A 67-year-old company director from Hampshire has been sentenced to six months’ imprisonment as a result of two insolvency offences.

Robert Porter was convicted after an initial investigation by the Insolvency Service – and a full criminal investigation and prosecution by the Department for Business Innovation and Skills (BIS).

Mr Porter pleaded guilty to one count of being concerned in the management of a company while disqualified from doing so and one count of the use of a prohibited name.

Mr Porter’s wife, Kelly Porter, 45, received a sentence of 150 hours’ unpaid work and a director’s disqualification order of one year for aiding and abetting one offence.

Mr Porter was formerly the director of ADP Enterprises Limited – a building company which traded as A & B Construction.

The company amassed large deficiencies and was wound up in August 2008.

In the course of the winding up, Mr Porter offered a Directors Disqualification Undertaking for a period of three years and six months, which ended on 7 December 2013.

As such, Mr Porter was prohibited from acting as a director or being involved in the management of a company for this period.

Additionally, as its director, Mr Porter was prohibited from trading in the name of the dissolved company – or any name it had been known by in the 12 months prior to winding up; or any name so similar as to suggest a connection to the dissolved company.

On 12 May 2008, Porter & Co was incorporated and operated as a building company. The company amassed debts and was wound up on 26 March 2012.

In the course of Porter & Co’s winding up, the Insolvency Practitioner collected evidence – including invoices and statements from customers – which indicated that, although Ms Porter was the sole registered director, in reality, Mr Porter had been in control of the company and the company had used the trading style A & B Construction.

The matter was referred for criminal investigation and a prosecution brought.

DCIO Liam Mannall from the Department for Business Innovation and Skills said:

“Flouting a director’s disqualification has serious consequences – in this case, Mr Porter has received a custodial prison sentence at the age of 67, while his wife has received a lesser sentence, but is now also disqualified.

“This demonstrates how seriously the courts consider the flouting of director’s disqualification by banned directors – and those who assist them.

“The Department for Business Innovation and Skills will investigate and prosecute those who ignore the restrictions placed on them by disqualification orders or undertakings.”

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