The applicant had been proceeded against after the collapse of companies in which he was involved with very substantial debts. The proceedings had begun in July 1990, and lasted nearly nine years.
Held: Where proceedings could be expected to have an adverse effect on the applicant’s reputation and ability to practice his profession, special diligence was required to act with expedition. The applicant had pursued appeals himself which had failed, and criticism of him for this was incorrect, the solution being to exclude an appropriate period from the time calculation. There had been a violation of the applicant’s article 6 rights.
Citations:
74976/01, Times 09-Aug-2004, [2004] ECHR 364
Links:
Statutes:
European Convention on Human Rights 6.1
Jurisdiction:
Human Rights
Citing:
Cited – Davies v The United Kingdom ECHR 16-Jul-2002
The applicant had been subject to applications for his disqualification from acting as a company director. The Secretary of State waited until the last day before issuing proceedings, and the proceedings were then delayed another three years pending . .
See Also – Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway HL 8-Nov-2000
Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope . .
See Also – Secretary of State for Trade and Industry v Eastaway; Re Blackspur Group (No 3), Secretary of State for Trade and Industry v Davies and Others (No 2) CA 13-Sep-2001
. .
See Also – Secretary of State for Trade and Industry v Eastaway CA 6-Apr-2001
. .
See Also – In Re Blackspur Group Plc; Secretary of State v Eastaway ChD 21-Jun-2001
The director was amongst a group against whom a director disqualification order was sought. He offered an undertaking, but the Secretary of State refused to accept this unless it was accompanied by a statement as to the factual basis on which it was . .
Cited by:
At ECHR – Eastaway v Secretary of State for Trade and Industry and similar ChD 2-Mar-2006
. .
At ECHR – Eastaway v Secretary of State for Trade and Industry CA 10-May-2007
The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Company
Updated: 28 May 2022; Ref: scu.199500