TV personality and former ‘SAS: Who Dares Wins’ chief instructor Ant Middleton and his wife, Emilie, have been banned from acting as company directors for four years. The ban is a result of their company, Sway and Starting Limited, failing to pay more than £1million in tax.

According to the Insolvency Service website, £4.5 million was paid into the company’s accounts suggesting there were sufficient funds to pay the tax bill. However, the Middletons are alleged to have taken out almost £3 million from the company as a director’s loan before the company went into liquidation in December 2022.

According to the Insolvency Service, Mr Middleton agreed to repay £300,000 in full and final settlement of the director’s loan (it is understood that the overdrawn director’s loan account amounted to £2,961,745). The Insolvency Service also explained that the company failed to pay more than £869,351 in corporation tax and £384,518 in unpaid VAT.

The Secretary of State accepted disqualifications undertakings.

What does it mean for the Middletons?

A disqualification undertaking is a voluntary agreement with the Secretary of State to be disqualified from acting as a company director for a specified period of time. By entering into the disqualification undertaking, Mr & Mrs Middleton avoid contested (and potentially embarrassing and costly) disqualification court proceedings.

In this case, Mr & Mrs Middleton appear to have agreed to the disqualification. Consequently, they will be banned from acting as company directors for the four-year disqualification period, including any involvement in the promotion, formation or management of a company.

Comment

Over the past couple of years there has been a huge increase in the number of disqualification proceedings commenced by the Insolvency Service. The underlying conduct can range depending on the circumstances, but commonly relates to significant unpaid tax.

It is important for any director facing an investigation by the Insolvency Service to seek legal advice at an early stage. In some cases, it is possible to successfully defend proceedings or, at least, to mitigate the period of any disqualification.

As we have seen in this case with widespread media coverage, disqualification from acting as a director can be embarrassing for the individuals involved, especially if they are a high-profile personality.