The Analysis News & Opinions


Jeweller has ban extended after breaching court orders


A jeweller from North-West London has been given an 11-year ban after being found guilty of breaching a court order that allowed him to act as a director, as well as abusing the tax regime. Daniel Simon Brodie (43), from Temple


Fortune in North West London, will begin his 11-year directorship disqualification on 24 August. After this date the jeweller is banned from


acting as a director or directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company. Jewelmark UK was incorporated in June


2010 and traded as a watches and jewellery wholesaler, trading from premises in Temple Fortune, North-West London. Mr Brodie was first appointed a director


of the company in June 2010 and resigned in July 2013, before being reappointed in September 2014. The jewellery wholesaler, however, began


to struggle and in June 2017, the company entered into creditors voluntary liquidation. This brought Jewelmark UK to the attention of the Insolvency Service. Investigators uncovered Daniel Brodie


failed to ensure Jewelmark UK complied with its statutory tax obligations and he had also breached a 2012 court order, which granted Daniel Brodie permission to act as a company director in lieu of a previous disqualification. In January 2012, Mr Brodie was banned


for four years after he failed to ensure a separate company he was a director of – Avya Gems – complied with its statutory tax and filing obligations. While the correct amount of tax had


not been paid by Avya Gems, Mr Brodie had benefitted from dividends and operated a director’s loan account, which was overdrawn. Mr Brodie secured from the courts


in February 2012 an order that allowed him to continue acting as a director of limited companies, which would have covered his directorship of Jewelmark UK.


8 The court granted this on the basis


that Mr Brodie complied with 21 conditions, but the jeweller failed to honour his commitments. Daniel Brodie breached restrictions


that he could not receive payments that exceeded £8,000 gross per month from the companies. He also failed to publish in Jewelmark UK’s accounts copies of the 2012 court order and the four-year disqualification undertaking. And similar to the misconduct displayed


while he was director of Avya Gems, Mr Brodie failed to ensure that Jewelmark UK complied with its statutory tax obligations, when he received more than £540,000 in director’s


loan payments between


September 2015 and June 2017. By the time that the liquidation was put into effect, Jewelmark had already built up outstanding tax liabilities of more than £210,000. Lawrence Zussman, deputy head of


insolvent investigations for the Insolvency Service, said: “The courts granted Daniel


Brodie the ability to act as a company director despite a four-year ban. “The jeweller, however, showed total


disregard and blatantly breached the court’s conditions by committing similar instances of misconduct that led to his first ban. Daniel Brodie thought he could continue with impunity but thanks to our investigations, the jeweller has been removed from the business environment for a substantial amount of time.”


Brachers and CCR team up on webinar


CCR is partnering with award-winning law firm Brachers to deliver a webinar providing expert legal guidance on compliant collection strategies, including when to use legal action, in the current challenging climate. ‘Collections amidst COVID – Holistic


and compliant strategies, including bespoke legal action’ on Wednesday 4 November will be delivered by Rob Thompson and Graham Wallis, partners at Brachers, as well as senior associate Nicky Alabaster. It will cover important areas such as the


landscape of collections, what different strategic thinking might be required at this time, the challenges that you might face, and what role the selective use of legal actions has to play.


www.CCRMagazine.com Stephen Kiely, editor of CCRMagazine,


said: “These are such important times, when creditors will need to make careful decisions of what collections strategies to use on which debts at any given time. I hope this webinar will give important pointers in these regards, and so I am very glad to be working with Brachers to bring the industry another opportunity to learn.” l To register go to, www.brachers.co.uk/ events/collections-amidst-covid


September 2020


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