Case details for ALISON PETTIGREW



Date of Birth: 23 / 11 / 1968

Date Order Starts: 27 / 8 / 2021

Disqualification Length: 3 Years 6 Month(s)

CRO Number: SC173861

Last Known Address: Starryshaw Farm,, Torbothie Road,, , , SHOTTS,, ML7 5BW

Conduct: Between 02 October 2018 and 05 December 2018 Alison Pettigrew (“Mrs Pettigrew”) allowed Healthcare Environmental Services Ltd (“HES”) to transfer company assets valued at £2,979,383 to connected companies in breach of her fiduciary duty. The transfers had the effect of putting assets beyond the reach of creditors at a time when Mrs Pettigrew knew, or ought to have known, that the company was facing the loss of contracts and severely restricted trading due to breaches of Environment Agency (“EA”) permits. In particular: • The assets were transferred without the consent, and to the detriment of, the company’s Bank, which held fixed and floating charges over all HES’s assets, despite advice from the company’s Accountants and Solicitors that the Bank’s consent to asset transfers was required. • On 12 September 2018 Mrs Pettigrew’s co-director attended a meeting with NHS Improvement (“NHSI”) and other Government Departments to discuss the company’s breach of EA permits arising as a consequence of “stockpiling” healthcare waste at sites operated in England. Her co-director considers that he was unable to agree with a plan presented by NHSI to clear excess waste, at a site in breach of its permit, by a deadline of 25 September 2018, and did not present an alternative which would enable the company to comply with EA permits. Following the failure to agree a plan there was no reasonable likelihood that HES could dispose of excess waste stored at sites above permitted levels and retain contracts with NHS England, severely impacting upon its ability to continue to trade. • The note of a meeting held between the company’s directors and its professional advisors on 01 October 2018 records that Mrs Pettigrew’s co-director believed the EA was going to declare an emergency on 02 October 2018 and therefore he wanted the asset transfers progressed quickly. • On 02 October 2018 Mrs Pettigrew transferred her shares, and those of her co-director, held in HES to a connected company. HES then declared a dividend of £2,498,000 in favour of the new shareholder. On 04 October 2018 HES transferred assets with a value of £2,497,578, plus a Miscellaneous Expenses credit account in the sum of £422, to the connected company in lieu of the dividend declared. Assets with a value of £648,393 were subsequently recorded as returned to the company on 05 December 2018. • Also on 02 October 2018, HES assigned directors’ loans with a total value of £1,618,427 to a further connected company and transferred assets with a total value of £1,736,850 to the same connected company in lieu of these transactions. On 31 October 2018 the asset transfers were reversed, however, on 05 December 2018 assets with a total value of £1,130,198 were recorded as transferred back to the connected company. • Between 07 October 2018 and 08 October 2018 a total of 17 contracts held by HES with NHS England Trusts were terminated. • The company’s bank was advised of the transfer of assets, by the directors of HES, at a meeting held on 10 October 2018, following which the bank issued a Reservation of Rights letter on 12 October 2018. On 22 October 2018 the bank advised HES that it had instructed a solicitor firm to conduct a lending and security review, and advise on remedial actions, and an accountancy firm to review short term cash flow requirements and explore a sale of the business, with potential interested parties to be contacted imminently. • To support short term cash-flow requirements the bank provided an additional £1.3m facility in October 2018, repaid by a drawdown against the Invoice Finance Facility at the month end, and a further £1.8m in November 2018, repaid in the same manner in early December 2018. • The process for the proposed sale of the business was terminated by Mrs Pettigrew’s co-director in early December 2018. HES ceased trading on or around 06 December 2018 and entered liquidation on 25 April 2019 with an estimated deficiency of £15,434,568. HES’s accounting records show that of £2,961,209 third party supplier liabilities outstanding at April 2019, the sum of £1,233,448 accrued prior to 30 September 2018. 

This information is correct as at 10 / 8 / 2021

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