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Essex director jailed for breaking terms of his disqualification

News Release issued by the COI News Distribution Service on 28 February 2012

A 69 year-old man from Langdon Hills, Essex has been sentenced to two eight-month prison sentences at Basildon Crown Court for acting as a director while disqualified and bankrupt, following an investigation by The Insolvency Service and a criminal investigation and prosecution by the Department for Business Innovation and Skills (BIS).

Francis McTighe, who was sentenced on 23 February 2012, pleaded guilty to both charges which related to his conduct in relation to The Real Pasty Company Ltd, which set up of franchises for a chain of pasty shops across the UK.

The Judge ordered both sentences to run concurrently and also disqualified him from acting as a director of a limited company for seven years.

The court heard that in 1994, Francis McTighe was disqualified by the High Court from acting as a director of a limited company for a period of 12 years. In February 2004 he was also made bankrupt and was therefore not allowed to act as a director of a company.

He acted as a director of The Real Pasty Company Limited, in breach of his disqualification order and bankruptcy restriction, from its incorporation in January 2004 up until December 2006 when it was wound up by the Court, leaving a substantial sum of money being owed to company creditors.

Commenting on the case, Deputy Chief Investigation Officer Ian West from the Department for Business Innovation and Skills said

“Acting in the management of a company whilst disqualified, is a serious matter, which is reflected in the custodial sentence imposed in this case and should serve as a warning to others”.

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Notes to Editors

1. Francis McTighe is aged 69. He was disqualified from acting as a director of a company or be in anyway concerned or take part in the promotion, formation or management of a company for a period of 8 years beginning on 28 October 1994. Following a successful appeal by the Secretary of State for Trade & Industry on 22.5.1996 the period was increased to 12 years. On 2 February 2004 at Aylesbury Crown Court Francis McTighe was also adjudged bankrupt.

2. Offences:

Count 1

Being a bankrupt, acting as a director and or directly or indirectly taking part or being concerned in the management of a company, contrary to Section 11 (1) of the Company Directors Disqualification Act 1986.

PARTICULARS OF OFFENCE

Francis Peter McTighe between 2 February 2004 and 5 December 2006, being an undischarged bankrupt, acted as director or took part in or was concerned in the promotion, formation or management of a company, namely The Real Pasty Company Limited , without the leave of the Court.

Count 2

Acting in Contravention of a disqualification order, contrary to Section 13 of the Company Directors Disqualification Act 1986.

PARTICULARS OF OFFENCE

Francis Peter McTighe between 30 January 2004 and 28 October 2006, being disqualified by order of the Court, acted as director or took part in or was concerned in the promotion, formation or management of a company, namely The Real Pasty Company Limited, without the leave of the Court.

3. The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies, through the Official Receiver to establish why they became insolvent. The Service also authorises and regulates the insolvency profession; 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 is available from http://www.bis.gov.uk/insolvency

4. BIS’ mission is to build a Dynamic and Competitive UK economy, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. We investigate and prosecute a range of offences, primarily relating to personal or company insolvencies. Further information about the work of the Criminal Investigations and Prosecutions team is available at http://www.bis.gov.uk/policies/business-law/criminal-investigations

5. Media Enquiries should be directed to:
Kathryn Montague, Media Relations Manager on 0207 674 6910 or Ade Daramy, Press Officer on 020 7596 6187


Ins12/Coms/011

Contacts:

Ade Daramy
Phone: 020 7596 6187
ade.daramy@insolvency.gsi.gov.uk