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Representing Company Directors in Prosecutions by the Insolvency Service

Speaker: Max Mills
Chambers: 2 Harcourt Buildings

Max is a Crime Barrister at Two Harcourt Buildings. He has a multi-disciplinary practice encompassing white-collar crime and financial regulation, inquests and public inquiries, and general crime.

Here Max begins with a useful outline of the economic context, highlighting the influence of the pandemic which is likely to have lead more companies to insolvency in recent times. He then takes us through legislation relevant to those being prosecuted by the Insolvency Service, referring to criminal offences as defined in The Companies Act 2006. He highlights useful routes for the defence.

Key words/topics: 

The Isolvency Service

The Companies Act 2006

The Insolvency Act 1986

The Company Directors Disqualification Act 1986

Limited liability

Failure to keep adequate records

Fraudulent trading 

Disqualified/ bankrupt directors

More about Max Mills:

Before coming to the Bar, Max qualified as a solicitor at an international commercial law firm where he worked in corporate law, competition law, and dispute resolution, including fraud and regulatory investigations. Max is a Trustee of the C4WS Homeless Project in North London, where he hosts a monthly legal advice clinic. 

He was also a law student at Pembroke College at University of Oxford before completing his Masters at London School of Economics.