Prestbury director handed suspended prison sentence
Allan Christopher Roberts, who ran Prestbury Construction in Stockport, has been sentenced by Manchester Crown Court to eight months imprisonment, suspended for two years, after pleading guilty to two counts of breaching a disqualification order and two counts of using a prohibited company name.
Roberts was ordered to do 200 unpaid hours of work and was disqualified from being a director of a limited company for seven years. Robert's conviction follows an initial investigation by the Insolvency Service and a full criminal investigation and Prosecution by the Department for Business Innovation and Skills.
On 10 June 2008, Roberts of Leeds was disqualified from acting in the management of a company for four years following the liquidation of Prestbury Construction & Development. Roberts' actions as a director of that company had shown that he posed a danger to creditors.
Despite this Roberts continued to manage Prestbury Construction and Prestbury LLP. Prestbury Construction subsequently went into liquidation in 2010 owing creditors over £50,000. Confiscation proceedings have been commenced by BIS against the defendant.
John Fitzsimmons, investigation officer from the Department for Business, Innovation & Skills, said: "The Insolvency Service and the Department for Business will take firm action when we find that company directors have breached disqualification orders which were put in place by the court to protect the public and business community from their actions."
In terms of the detail of the charges against him, Roberts was charged with acting in the management of the company and acting as a member of a limited liability partnership in breach of an order of the court preventing him from doing so. Roberts was also charged with using the name "Prestbury" which he was prohibited from using following the liquidation of Prestbury Construction & Development.
The precise detail of the charges was as follows:
Between 24 June 2008 and 21 December 2008, whilst being disqualified from so doing by an order of Court, Roberts directly or indirectly took part in the management of a company, namely Prestbury Construction without the leave of the Court, contrary to sections 11 and 13 of the Company Directors Disqualification Act 1986.
Between 22 May 2006 and 21 December 2008 being a person to whom Section 216 of the Insolvency Act 1986 applied, acted in contravention of Section 216(3) of the Act in that he was concerned in or took part in the management of a company carried on under the prohibited name of Prestbury Construction, without the leave of the court. Contrary to section 216(4) of the Insolvency Act 1986.
Between 14 July 2008 and 13 October 2010 being disqualified from so doing by an order of Court directly or indirectly took part in the management of a limited liability partnership, namely Prestbury LLP without the leave of the Court. Contrary to sections 11 and 13 of the Company Directors Disqualification Act 1986.
Between 14 July 2008 and 13 October 2010 being a person to whom Section 216 of the Insolvency Act 1986 applied, acted in contravention of Section 216(3) of the Act in that he was concerned in or took part in the management of a limited liability partnership carried on under the prohibited name of Prestbury LLP, without the leave of the court. Contrary to section 216(4) of the Insolvency Act 1986.
