Search Results for: Company Directors Disqualification Act 1986 20

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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

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 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 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 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

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 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

Re Seagull Manufacturing Co Ltd: ChD 3 May 1993

A company director who was resident overseas may be subject to disqualification proceedings. Citations: Ind Summary 03-May-1993 Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Citing: See Also – In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker CA 22-Feb-1993 The court has jurisdiction to order the public examination of a company … Continue reading Re Seagull Manufacturing Co Ltd: ChD 3 May 1993

In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: CA 26 Jun 2001

Company directors had had civil proceedings for disqualification suspended pending the outcome of criminal proceedings arising from the circumstances of the failure of their companies. They had variously suffered penalties including criminal disqualifications in those criminal proceedings, under section 2. They sought to argue that the continuation of the civil proceedings under section 6 would … Continue reading In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: CA 26 Jun 2001

Re Cubelock Ltd: ChD 2001

The procedures for disqualifying directors should not become hedged about with particular rules allowing directors to escape disqualification on small and technical points. Citations: [2001] BCC 523 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Cited by: Cited – The Secretary of State for Trade and Industry v Swan and Othes ChD 22-Jul-2003 … Continue reading Re Cubelock Ltd: ChD 2001

Secretary of State for Trade and Industry v Crane and Another: ChD 4 Jun 2001

Outside of any statutory limitations, there was nothing to prevent a prosecutor making use of helpful ideas disclosed in civil proceedings in his case against a defendant. Questions about a defendant’s right of silence in criminal proceedings did not apply in civil matters. Judges in either court had powers to control their proceedings to prevent … Continue reading Secretary of State for Trade and Industry v Crane and Another: ChD 4 Jun 2001

In re Pantmaenog Timber Co Ltd: CA 25 Jul 2001

The Official Receiver could not use the powers given to him for the purposes of his insolvency duties to require production of documents form solicitors and accountants, to satisfy duties placed on him by the Secretary of State for the purpose of company director disqualification proceedings. The secretary of state could not ask the Official … Continue reading In re Pantmaenog Timber Co Ltd: CA 25 Jul 2001

Secretary of State for Trade and Industry v Lewis and Another: ChD 19 Jul 2001

Where the sole substantial issue was that the court of first instance had failed to give reasons for its decision, it would normally be wrong for an appellate court to order a rehearing rather than a review. This might be appropriate if the court below had been asked and had refused to give reasons, or … Continue reading Secretary of State for Trade and Industry v Lewis and Another: ChD 19 Jul 2001

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 drawings. The Vice-Chancellor, Lord Justice Buxton, And, Lady Justice Arden [2004] BCC 581, [2002] 1 BCLC 119, [2000] 1 WLR 2230, [2001] EWCA Civ 1787 Bailii Company Directors Disqualification Act 1986 … Continue reading Official Receiver v Stern and Another: CA 20 Nov 2001