Search Results for: Company Directors Disqualification Act 1986 2

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In Re Britannia Homes Centres Ltd and the Company Directors Disqualification Act 1986; Official Receiver v McCahill: ChD 27 Jun 2000

An appeal against an order disqualifying the director of a company in an application for leave to act as a director should be made to the High Court. Where the application was so as to allow the director to act on a company in the course of winding up proceedings, the court to which the … Continue reading In Re Britannia Homes Centres Ltd and the Company Directors Disqualification Act 1986; Official Receiver v McCahill: ChD 27 Jun 2000

In Re Britannia Homes Centres Ltd and the Company Directors Disqualification Act 1986; Official Receiver v Mccahill: ChD 29 Jun 2000

An appeal against an order disqualifying the director of a company in an application for leave to act as a director should be made to the High Court. Where the application was so as to allow the director to act on a company in the course of winding up proceedings, the court to which the … Continue reading In Re Britannia Homes Centres Ltd and the Company Directors Disqualification Act 1986; Official Receiver v Mccahill: ChD 29 Jun 2000

Secretary of State for Trade and Industry v Bannister and Another: CA 26 Jul 1995

A court’s discretion to stay a disqualification order is to be used only in exceptional cases, but it does retain an has inherent power to stay disqualification of director pending an appeal. Citations: Independent 11-Aug-1995, Times 26-Jul-1995 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 21 January 2023; Ref: scu.89121

In Re Manlon Trading Ltd: CA 22 Jun 1995

Company Director Disqualification proceedings were struck out for delay. There has to be a balance between the public interest in securing the disqualification of bad directors and the prejudice to private citizens and the people subject to the application process. Proceedings which are brought at the end of the two-year period are liable to be … Continue reading In Re Manlon Trading Ltd: CA 22 Jun 1995

In re British and Commonwealth Holdings plc (Nos 1 and 2): HL 1993

Section 236 extended the power of a liquidator to require from the company’s officers all the documents he would reasonably need in order to fulfil his duties under the Act.Lord Slynn said: ‘The protection for the person called upon to produce documents lies, thus, not in a limitation by category of documents (‘reconstituting the company’s … Continue reading In re British and Commonwealth Holdings plc (Nos 1 and 2): HL 1993

Coulthard, Ashton Shuttleworth, and Dawes v Neville Russell (a Firm): CA 27 Nov 1997

Auditors who were in a position to advise a company’s directors as to the legality of them making loan payments to a shell company which was acquiring there shares had a duty so to advise. The directors of a company sued them for failing to warn them that a loan made by the company might … Continue reading Coulthard, Ashton Shuttleworth, and Dawes v Neville Russell (a Firm): CA 27 Nov 1997

Secretary of State for Trade and Industry v Jabble and Others: CA 22 Jul 1997

The Secretary of State sought company director disqualification orders. The defendants challenged the administrative receivership, saying that the appointment of the administrative receiver was invalid, and hence that the conditions of section 6 were not satisfied and the Secretary of State was not entitled to rely on the section as the basis for the disqualification … Continue reading Secretary of State for Trade and Industry v Jabble and Others: CA 22 Jul 1997

Secretary of State for Trade and Industry v Ashcroft and Others: CA 26 Feb 1997

A liquidator’s affidavit was admissible in company director disqualification action, even though it contained hearsay evidence. Citations: Gazette 19-Mar-1997, Times 04-Mar-1997, [1997] EWCA Civ 1101 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company, Evidence, Jury Updated: 05 November 2022; Ref: scu.141497

Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another: CA 22 Oct 1996

The official receiver began director disqualification proceedings, but before the proceedings commenced, the company was wound up. Where, on an application for the disqualification of a director, the official receiver and the Secretary of State became aware that the company had in fact already been dissolved, the normal course would be to transfer the proceedings … Continue reading Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another: CA 22 Oct 1996

Regina v Brockley: CACD 25 Nov 1993

The offence of acting as a company director whilst being an undischarged bankrupt is an absolute offence. Citations: Gazette 26-Jan-1994, Times 25-Nov-1993, [1994] 99 Cr App R 385 Statutes: Company Directors Disqualification Act 1986 11(1) Jurisdiction: England and Wales Cited by: Cited – Regina v Doring CACD 24-Jun-2002 The defendant was charged with acting as … Continue reading Regina v Brockley: CACD 25 Nov 1993

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 in the light of the ECHR judgment. Held: The appeal was dismissed. The decision of … Continue reading Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007

The Secretary of State for Business, Energy and Industrial Strategy v Geoghegan and Others: ChD 23 Mar 2021

Whether members of a limited liability partnership with no management involvement were subject to the disqualification procedures of the 1986 Act. Judges: Mr Justice Michael Green Citations: [2021] EWHC 672 (Ch) Links: Bailii Statutes: Limited Liability Partnership Regulations 2001, Company Directors Disqualification Act 1986, Companies Act 2006 Jurisdiction: England and Wales Company Updated: 08 October … Continue reading The Secretary of State for Business, Energy and Industrial Strategy v Geoghegan and Others: ChD 23 Mar 2021

The Secretary of State for Trade and Industry v Goldberg, Mcavoy: ChD 26 Nov 2003

The Secretary of State sought a disqualification order. The director argued that one shoul not be made in the absence of some breach of legal duty, some dishonesty should be shown. Held: The answer was a mixture of fact and law. A breach of duty alone was neither necessary nor sufficient. Unfitness by reason of … Continue reading The Secretary of State for Trade and Industry v Goldberg, Mcavoy: ChD 26 Nov 2003

Secretary of State for Trade and Industry v Paulin: ChD 13 May 2005

The director sought to appeal an order disqualifying him form acting as a company director. Held: The disqualification proceedings were properly charactised as insolvency proceedings and therefore there was no requirement for permission to appeal to a high court judge. Judges: Morritt Citations: [2005] EWHC 888 (Ch), Times 26-May-2005 Links: Bailii Statutes: Company Directors Disqualification … Continue reading Secretary of State for Trade and Industry v Paulin: ChD 13 May 2005

The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003

When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003

The Secretary of State for Business, Energy and Industrial Strategy v Eagling: ChD 1 Nov 2019

Application (the first) under the new compensation order regime on applications for company director disqualification. Judges: Prentis ICC J Citations: [2019] EWHC 2806 (Ch) Links: Bailii Statutes: Compensation Orders (Disqualified Directors) Proceedings (England and Wales) Rules 2016, Disqualified Directors Compensation Orders (Fees) (England and Wales) Order 2016, Company Directors Disqualification Act 1986 15A 15B Jurisdiction: … Continue reading The Secretary of State for Business, Energy and Industrial Strategy v Eagling: ChD 1 Nov 2019

Secretary of State for Trade and Industry v Vohora and Another: ChD 15 Nov 2007

The directors complained that the disqualification proceedings had been brought out of time. The court had received the papers, but had not processed them within the applicable time limits. Held: The requirement was that the claim be brought within the limit. That was satisfied by the filing if the papers even if the proceedings were … Continue reading Secretary of State for Trade and Industry v Vohora and Another: ChD 15 Nov 2007

Secretary of State for Trade and Industry v Christopher Paul Reynard: CA 18 Apr 2002

A company director was examined in court, in the course of company director disqualification proceedings. The judge was so concerned by his behaviour as a witness, as to extend the period of disqualification. He had appealed, and the Secretary of State appealed a reduction in the disqualification period. Held: The disqualification proceedings were themselves a … Continue reading Secretary of State for Trade and Industry v Christopher Paul Reynard: CA 18 Apr 2002

Regina v Taylor: CACD 25 Mar 2011

Judges: Stanley Burnton LJ, Henriques, Foskett JJ Citations: [2011] EWCA Crim 728, [2011] Bus LR 1011, [2011] 1 WLR 1809, [2011] 2 Cr App R 4, [2011] Lloyd’s Rep FC 348 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Crime, Company Updated: 04 September 2022; Ref: scu.431637

Rwamba v The Secretary of State for Business Energy and Industrial Strategy: ChD 17 Oct 2019

Application under section 17(3) Company Directors Disqualification Act 1986 for permission under section 1A(1) of the Act in what are understood to be novel circumstances: he is disqualified because of breaches of a previous section 17 order. Judges: ICC Judge Prentiss Citations: [2019] EWHC 2669 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 17(3) … Continue reading Rwamba v The Secretary of State for Business Energy and Industrial Strategy: ChD 17 Oct 2019

Regina v Ward; Regina v Howarth: CACD 10 Aug 2001

When exercising his powers to order a company director to be disqualified under the Act, the judge should be explicit that the order applied to all the categories of companies listed in the section. There was no power to limit the disqualification, for example to acting as a director of private or of public companies. … Continue reading Regina v Ward; Regina v Howarth: CACD 10 Aug 2001

Secretary of State for Trade and Industry v Arif and Others: ChD 25 Mar 1996

The length of a director’s disqualification is not to be discounted for the time elapsed up to the hearing of the case. As to section 221 of the Companies Act, it : ‘has, at the least, two purposes. First, to ensure that those who are concerned in the direction and management of companies which trade … Continue reading Secretary of State for Trade and Industry v Arif and Others: ChD 25 Mar 1996

Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010

The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights and/or breached his duty to act fairly, in that they had failed to disclose material … Continue reading Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010

In Re Surrey Leisure Ltd: ChD 25 Jan 1999

In company director disqualification proceedings the person applying for the order could nominate more than one lead company in the proceedings, but he did not have a duty to name all the lead companies. Citations: Times 25-Jan-1999, Gazette 10-Feb-1999 Statutes: Company Directors Disqualification Act 1986 16(1) Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading In Re Surrey Leisure Ltd: ChD 25 Jan 1999

In Re A Company No 004803 of 1996: ChD 2 Dec 1996

T was the company’s bookkeeper. He was also a director but with only a small shareholding. The company fell into difficulties. He recommended economies to the other directors which were not accepted, but then he stayed on in office. The court had disqualified the other directors but not him. The Secretary of State appealed. Held: … Continue reading In Re A Company No 004803 of 1996: ChD 2 Dec 1996

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 made. The director’s application failed. There was no explicit provision in the … Continue reading In Re Blackspur Group Plc; Secretary of State v Eastaway: ChD 21 Jun 2001

Kluk v Secretary Of State for Business, Enterprise and Regulatory Reform: ChD 20 Dec 2007

Judges: Sir Andrew Park Citations: [2007] EWHC 3055 (Ch), [2008] 2 BCLC 313 Links: Bailii Statutes: Company Directors Disqualification Act 1986 17 Jurisdiction: England and Wales Citing: Cited – In Re Carecraft Construction Co Ltd ChD 13-Oct-1993 A court must hear evidence before disqualifying directors. Though the Director and the Secretary of State might reach … Continue reading Kluk v Secretary Of State for Business, Enterprise and Regulatory Reform: ChD 20 Dec 2007

Secretary of State for Business Enterprise and Regulatory Reform v Aaron and others: CA 16 Oct 2008

In asking a court to order the disqualification of a company director, the Secretary of State may call in evidence findings of the Financial Services Authority as to misconduct, but no those of the Financial Services Ombudsman. The rule in Hollington applied to such proceedings. Hearsay evidence would have been admissible before the Ombudsman. Judges: … Continue reading Secretary of State for Business Enterprise and Regulatory Reform v Aaron and others: CA 16 Oct 2008

In Re Migration Services International Ltd: ChD 2 Dec 1999

When considering whether to impose a disqualification order upon a company director, it was relevant to consider the unlawful and unauthorised use of the name of a liquidated company. The sections of the Insolvency Act which might be taken into account were not exhaustively listed. Citations: Times 02-Dec-1999, Gazette 08-Dec-1999 Statutes: Company Directors Disqualification Act … Continue reading In Re Migration Services International Ltd: ChD 2 Dec 1999

In Re Dennis Hilton Ltd: ChD 4 Jul 2001

A director of a failed company had been prosecuted for matters relating to the failure. The criminal court had had power to impose a disqualification order but did not do so. The Secretary of State subsequently applied for a civil disqualification, and the respondent argued that, given the view taken by the criminal court, this … Continue reading In Re Dennis Hilton Ltd: ChD 4 Jul 2001

In Re Continental Assurance Co of London Plc: ChD 2 Jul 1996

Gross incompetence as director in not reading the company accounts founded disqualification. The jurisdiction of company director disqualification should not be hedged about with rigid rules which would allow directors to navigate around disqualification applications by taking fine points on the way in which the affidavits have formulated. Citations: Gazette 24-Jul-1996, Times 02-Jul-1996, [1997] 1 … Continue reading In Re Continental Assurance Co of London Plc: ChD 2 Jul 1996

Official Receiver v Stern and Another: CA 25 Jan 2001

Citations: [2001] EWCA Civ 111 Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Cited by: See Also – Official Receiver v Stern and Another CA 20-Nov-2001 The director appealed against a 12 year disqualification. The basis of the disqualification was unlawful trading to the detriment of creditors, and taking excess … Continue reading Official Receiver v Stern and Another: CA 25 Jan 2001

Official Receiver v Obaigbena: ChD 14 Jun 2022

Appeal from order under section 6 Judges: Mr Justice Fancourt Citations: [2022] EWHC 1399 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 07 July 2022; Ref: scu.678563

Cabvision Ltd v Feetum and others: CA 20 Dec 2005

The company challenged the appointment of administrative receivers, saying there had been no insolvency. Held: No question arises of a derivative action arose here. The claimant had standing to apply for declaratory relief since they were directly affected by the appointment. As to the appointment itself ‘it is inconceivable that in enacting the relevant provisions … Continue reading Cabvision Ltd v Feetum and others: CA 20 Dec 2005

Eastaway v Secretary of State for Trade and Industry and similar: ChD 2 Mar 2006

Judges: Lightman J Citations: [2006] EWHC 299 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Citing: 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 … Continue reading Eastaway v Secretary of State for Trade and Industry and similar: ChD 2 Mar 2006

Secretary of State for Business, Innovation and Skills v Pawson: ChD 27 Aug 2015

Trial of a claim by the Secretary of State to disqualify the defendant, a qualified chartered accountant and non-practising barrister from acting as a director of a company arising out of his conduct of the affairs of nine companies on public interest grounds. Judges: Hodge QC HHJ Citations: [2015] EWHC 2626 (Ch) Links: Bailii Statutes: … Continue reading Secretary of State for Business, Innovation and Skills v Pawson: ChD 27 Aug 2015

In Re the Working Project Ltd; In Re Fosterdown Ltd and Others: ChD 27 Oct 1994

Company disqualification proceedings may conclude in the county court after a winding up of the company in that court. The power to disqualify directors survives the finishing of the winding up of the company, even though the Official Receiver had had no right to commence the proceedings and the County Court had had no jurisdiction … Continue reading In Re the Working Project Ltd; In Re Fosterdown Ltd and Others: ChD 27 Oct 1994

In Re Structural Concrete Ltd, Barnes and Others: ChD 29 Jun 2000

In order to try to trade out of difficulties, company directors decided to give priority to the payment of trade and banking debts over debts due to the revenue. Held: An appeal against the refusal to disqualify the Directors succeeded. There was no dispute as to the facts alleged and so the appeal court was … Continue reading In Re Structural Concrete Ltd, Barnes and Others: ChD 29 Jun 2000

In Re Westminster Property Management Ltd: ChD 19 Jan 2000

Since company director disqualification proceedings were not criminal proceedings, even though they involved the imposition of a penalty, they remained civil proceedings in nature. The European Convention on Human Rights did not apply to protect a director against having material, disclosed by him under compulsion in the course of an insolvency, being used against him … Continue reading In Re Westminster Property Management Ltd: ChD 19 Jan 2000

Reynard v Secretary of State for Trade and Industry: CA 20 Nov 2001

Applications for leave to appeal by both the Secretary of State and the direcyor against the period of disqualification (5.5 years) imposed. Question of whether a former director’s mendacity in court could affect the period of disqualification. Citations: [2001] EWCA Civ 1765 Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales … Continue reading Reynard v Secretary of State for Trade and Industry: CA 20 Nov 2001

In re Queens Moat Houses Plc; Secretary of State for Trade and Industry v Bairstow, Hersey, Marcus, Porter: ChD 19 Jul 2004

Mr Bairstow had been found guilty of grave misconduct and neglect of his duties in wrongful dismissal proceedings which he brought against a company of which he had been the managing director. The Secretary of State now sought an order against him under section 8 of the 1986 Act. Judges: The Honourable Sir Donald Ratee … Continue reading In re Queens Moat Houses Plc; Secretary of State for Trade and Industry v Bairstow, Hersey, Marcus, Porter: ChD 19 Jul 2004

Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003

(Orse In re Pantmaenog Timber Co Ltd)The Receiver sought to use information obtained under section 236 (documents recovered from the directors’ solicitors) in disqualification proceedings. Held: The appeal succeeded. The Act had explicitly given the requisite powers to the receiver whether or not he was the liquidator. Nor was the purpose of the use restricted. … Continue reading Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003

The Secretary of State for Trade and Industry v Michael Hamilton Amiss, Jonathan Andrew Chapman, Roger Rex Ingles: ChD 20 Mar 2003

The Secretary sought disqualification orders, under section 8 which left the court with a discretion as to whether an order should be made. Held: It was not necessary to establish dishonesty to a Twinsectra standard to justify an order. The case followed findings in substantial litigation. It was not realistic of the director to suggest … Continue reading The Secretary of State for Trade and Industry v Michael Hamilton Amiss, Jonathan Andrew Chapman, Roger Rex Ingles: ChD 20 Mar 2003

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 the outcome of criminal proceedings against others. The government responded that the proceedings were complex, and the … Continue reading Davies v The United Kingdom: ECHR 16 Jul 2002

Secretary of State for Trade and Industry v Creegan and others: CA 27 Nov 2001

‘It is well established on the authorities that causing a company to trade, first, while it is insolvent and, secondly, without a reasonable prospect of meeting creditors’ claims is likely to constitute incompetence of sufficient seriousness to ground a disqualification order. But it is important to emphasise that it will usually be necessary for both … Continue reading Secretary of State for Trade and Industry v Creegan and others: CA 27 Nov 2001

Quickson (South and West) Limited v Stephen Mark Katz, John Stephen Kelmanson (As Joint Liquidators of Buildlead Limited): ChD 25 Aug 2004

Various applications were made in the insolvency, including for removal of the liquidators and declarations that certain payments were a fraudulent preference on the creditors. Held: No prejudice had been shown by any procedural irregularity. Other creditors should be able to see that there is a proper investigation of relevant matters relating to inter-company transfers, … Continue reading Quickson (South and West) Limited v Stephen Mark Katz, John Stephen Kelmanson (As Joint Liquidators of Buildlead Limited): ChD 25 Aug 2004

Wood and Another v Mistry: ChD 10 Jul 2012

A director’s disqualification order was sought. The order was sought on the basis of allegations of conduct as liquidator of several companies. Judges: Newey J Citations: [2012] EWHC 1899 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Citing: Cited – Deloitte and Touche Ag v Johnson and Another PC 10-Jun-1999 … Continue reading Wood and Another v Mistry: ChD 10 Jul 2012

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 for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Secretary of State for Trade and Industry v Collins and others: CA 13 Jan 2000

A disqualified director applied for consent to act in the management of a company before his disqualification had expired. He succeeded, and the judge made no award for costs. On appeal by the Secretary of State it was held that the lifting of the disqualification was a matter purely for the discretion of the judge. … Continue reading Secretary of State for Trade and Industry v Collins and others: CA 13 Jan 2000

Secretary of State for Trade and Industry v Deverill and another: CA 20 Jan 2000

When considering what constituted a shadow director, courts should be reluctant to move away from the words of the Act. The words should be construed carefully because the term was used in several pieces of legislation, including those with penal provisions. A shadow director is one who has real influence on a company. He does … Continue reading Secretary of State for Trade and Industry v Deverill and another: CA 20 Jan 2000