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ex-Farepak FD faces disqualification

Insolvency Service announces High Court proceedings against Stevan Fowler and eight other former directors

15 Feb 2011

By Melanie Stern

Royal Courts of Justice

Former Farepak finance director Stevan Fowler may lose his right to be a director in a British business if an application filed by the Insolvency Service to the High Court of Justice to disqualify the board of the collapsed business is successful.

The filing, made in late January and publicly confirmed today, seeks the disqualification of all nine former executive and non-executive directors of former Christmas hamper savings company and its parent European Home Retail Group, including Stevan Fowler, former chairman Sir Clive Thompson, former chief executive William Rollason, former directors Joanne Ponting and Stephen Hicks, and four former non-executives, Nicholas Gilodi-Johnson, Neil Gillis, Paul Munn and Michael Johns.

The disqualification application follows a four-year investigation into the Christmas 2006 collapse of Farepak by the Insolvency Service, commissioned by the secretary of state for business. The application was made "in the public interest on the grounds that the conduct of each director in relation to the relevant company or companies makes him or her unfit to be concerned in the management of a company," the Insolvency Service said.

Sir Clive Thompson is currently deputy chairman of London-listed Strategic Equity Capital and was chairman of Rentokil Initial before joining Farepak. He is a former president of the Confederation for Business and Industry. He has also been a member of the Committee on Corporate Governance and deputy chairman of the Financial Reporting Council. It remains to be seen whether he will remain in post at Equity Capital while disqualification proceedings work their way through the Court.

The maximum period of disqualification by the Court under the company directors disqualification act 1986 is 15 years. The disqualification stops an individual from being a director of a company, as well as "acting as receiver of a company's property or in any way being concerned or taking part in the promotion, formation or management of a company without leave of the court". 

Visitor comments

Still No Regulation in place.

there is not yet regulation of the widespread pre-payment industry. This means that such a scandal could recur.

Posted by Jim McDaid, 15 Feb 2011

I worked with EHR

I'm surprised that Stevan Fowler is named on this list, I worked for him at EHR and he was new to the company, only joining a few months before the collapse, he was conscientious and honorable, working tirelessly to resolve a situation created long before he came along. As far as I can see he did his best in a very challenging situation.

Posted by Angus Gow, 16 Feb 2011

I want one of those

Congratulations on your success at IWOOT, perhaps you can shed some light on why it was offloaded the day the administrators were called in at EHR?

Posted by bob christie, 16 Feb 2011

Would crucifixion be too harsh?

Paraphrasing Monty Python's Life of Brian, I think disqualification is too good for them. Crucifixion might be a bit much but prison would be a good compromise.

Posted by Ash Mehta, 17 Feb 2011

Don't Get Excited

Not expecting anything to really come of this. I just think it is a real drawn out panto. These people are just too well connected and it will take something radical to happen for any real justice to come about. I believe this kind of court action only has 17% success rate. Nothing to get excited about.

Posted by Pamela Stoneman, 17 Feb 2011

EHR Administration

The day that EHR went into administration, Kleeneze, Kitbag and IWOOT were placed into pre pack administration and sold to Findel for the amount owed to HBOS which paid off the overdraft, then all the bad stuff was left with EHR. Who's looking at the role of the bank in all of this?

Posted by Angus Gow, 19 Feb 2011

Cable

That's probably true. However, vince cable is looking for a scalp, and these chaps have been handed to him on a plate. I think they will be found guilty, evidence is too strong.

Posted by bob christie, 20 Feb 2011

 

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