The Secretary of State for Business, Energy and Industrial Strategy accepted a disqualification undertaking from Robert Patrick Murphy on 17 November 2017 that he would not act as a director for a period of 14 years, commencing from 8 December 2017.
Robert Patrick Murphy was disqualified from acting as a director for a period of four years from 12 September 2011, but an investigation by the Insolvency Service discovered that despite resigning as a director of Silverview Developments his role within the company did not change.
Mr Murphy’s mother, Ellen (also know as Eileen) Rosemary Murphy was appointed as the registered director and has also now been disqualified for eight years for allowing her son to act as a director whilst disqualified.
In addition, Robert and Ellen Murphy failed to disclose to the liquidator the existence of two on-going contracts that were transferred to another company which had a future turnover of over £1million, and oversaw the diversion of funds due to Silverview Developments totalling over £45,000 to be paid to another company. Additionally, they allowed Silverview Developments to trade to the detriment of HM Revenue & Customs from May 2012 until it’s liquidation in October 2014.
Robert Clarke, Group Leader of Insolvent Investigations North, part of The Insolvency Service, said:
Directors who ignore disqualification undertakings that they have previously given, and those who provide cover for them to allow them to continue to run limited companies, will be vigorously pursued by The insolvency Service.
The length of the undertakings in this case sends a clear message to the business community that such actions will not be tolerated.
Notes to editors
Robert Murphy’s date of birth is May 1984 and he resides in Harrow, Middlesex
Eileen (aka Ellen) Murphy’s date of birth is August 1954 and she also resides in Harrow Middlesex.
Silverview Developments Ltd (CRN 07148732) was placed into creditors’ voluntary liquidation (CVL) on 30 January 2014 with a deficiency as regards creditors of £394,091. The company traded as a construction company from Kenton Road, Harrow, Middlesex.
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, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.
BEIS’ mission is to build a dynamic and competitive UK economy that works for all, 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. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.
The agency also authorises and regulates the insolvency profession, 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.
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Link: Press release: 14 year disqualification for previously banned director, and 8 year ban for his mother
Source: Gov Press Releases
