What mitigation is available to a Director in these circumstances?

Mitigation is only relevant in so far as it relates to the conduct complained of and not when raised generally. There are merely examples, however:

  • Where the Director has lost his own personal money in the liquidation;
  • No personal gain to the Director;
  • Reliance upon professional advice;
  • Good history in running other Companies;
  • Ill health at the relevant time.

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