Disqualification depends on conduct of director at insolvency not hearing. Citations: Times 24-Nov-1994 Statutes: Company Directors Disqualification Act 1986 6(1) Jurisdiction: England and Wales Company Updated: 27 October 2022; Ref: scu.89085
A decision as to the unworthiness of a person to be a company director, relates to his past acts and not to his present behaviour. Citations: Ind Summary 12-Dec-1994, Gazette 05-Jan-1995 Statutes: Company Directors Disqualification Act 1986 6(1) Jurisdiction: England and Wales Company Updated: 27 October 2022; Ref: scu.89134
Judges: ICC Judge Mullen Citations: [2022] EWHC 2588 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 26 October 2022; Ref: scu.681896
Trial of a director’s disqualification application Citations: [2014] EWHC 1381 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 24 October 2022; Ref: scu.525777
Application by disqualified director for permission to act as director Citations: [2021] EWHC 523 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 8A Jurisdiction: England and Wales Company Updated: 20 October 2022; Ref: scu.659545
The defendant was charged with acting as a company director whilst being an undischarged bankrupt, and also of being involved in the management of a company using a prohibited name. She said that she had not known that the part she took in the company amounted to acting as a director. The judge directed the … Continue reading Regina v Doring: CACD 24 Jun 2002
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
A different approach is required on striking out in Company Director Disqualification proceedings. Citations: Times 15-Aug-1994, Ind Summary 15-Aug-1994 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Cited by: Appeal from – In Re Manlon Trading Ltd CA 22-Jun-1995 Company Director Disqualification proceedings were struck out for delay. There has to be a … Continue reading In Re Manlon Trading Ltd: ChD 15 Aug 1994
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
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
On an application for a disqualification order, the director against whom the order is to be made should file an affidavit before the date of the hearing. A disqualification order can have grave consequences and is a serious interference with the freedom of the individual. As to procedure: ‘The Secretary of State or the official … Continue reading In Re Rex Williams Leisure Plc (In Administration): CA 4 May 1994
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
Application for disqualification Citations: [2018] EWHC 3190 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 28 June 2022; Ref: scu.631377
Application by the Secretary of State for Trade and Industry for an order under section 6 of the Company Directors Disqualification Act 1986 Citations: [1999] EWHC 838 (Ch), [1999] 2 BCLC 704 Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 23 June 2022; Ref: scu.341196
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
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
Judges: Lord Mackay Of Drumadoon Citations: [2003] ScotCS 246 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: Scotland Company Updated: 08 June 2022; Ref: scu.190840
(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
Citations: [2000] ScotCS 280 Links: Bailii Statutes: Directors Disqualitication Act 1986 Jurisdiction: Scotland Company Updated: 04 June 2022; Ref: scu.164020
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
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
The affidavit filed in proceedings under the Act take a role similar to that of the pleadings in other cases. Judges: HH Judge Micklem Citations: [1994] BCC 226 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 … Continue reading Re Circle Holidays International plc: ChD 1994
Citations: [2003] ScotCS 25 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: Scotland Company Updated: 29 April 2022; Ref: scu.192701
Affidavits supporting application to disqualify a company director must distinguish between fact, argument and the fault claimed. The respondents in such an application should be encouraged to focus on the essential factual matters in their affidavits in response. The liquidators, in their evidence should equally distinguish clearly between the facts bringing the case before the … Continue reading Secretary of State for Trade and Industry v Carter and Others: ChD 14 Aug 1997
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
Evidence of activities of director in non-insolvent but associated company admissible in disqualification proceedings. Citations: Times 24-Sep-1997 Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading Secretary of State for Trade and Industry v Ivens and Another: ChD 24 Sep 1997
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
The purposes of a liquidation, or administration or receivership of a company must include the gathering of information as to the conduct of the affairs of the company, and those who had conducted them so that the office-holder can report to the Secretary of State as he is required to do by section 7(3) of … Continue reading In re Polly Peck International plc, Ex parte the joint administrators: ChD 1994
Keyser QC HHJ [2015] EWHC 1585 (Ch) Bailii Company Directors Disqualification Act 1986 England and Wales Company, Insolvency Updated: 30 December 2021; Ref: scu.547579
[2014] ScotCS CSOH – 148 Bailii Company Directors Disqualification Act 1986 Scotland, Company Updated: 22 December 2021; Ref: scu.538167
Application for disqualification. Lord Woolman [2014] ScotCS CSOH – 127 Bailii Company Directors Disqualification Act 1986 Scotland, Company Updated: 20 December 2021; Ref: scu.535842
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company. Held: A company director has additional, fiduciary duties over and above those of an employee. The duties … Continue reading Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd: CA 30 Sep 2004
[2013] ScotCS CSOH – 98 Bailii Company Directors Disqualification Act 1986 Scotland Company Updated: 14 November 2021; Ref: scu.510965
The Secretary of State sought company director disqualification orders against the defendants saying they had been convicted of making false instruments. The Insolvency service had decided against such proceedings, and the Crown Court judge, when sentencing them had considered and rejected orders. The defendants now argued that the instant proceedings were an abuse of process. … Continue reading The Secretary of State for Business, Innovation and Skills v Weston and Another: ChD 5 Sep 2014
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
The Revenue sought an order under section 212 of the 1986 Act, for payment of the tax debts of the insolvent company by a de facto director. H had organised a scheme under which IT contractors had worked through companies created by him under a composite company scheme, and in each of which he retained … Continue reading Holland v Revenue and Customs and Another: SC 24 Nov 2010
Judgment on a claim brought by the Secretary of State for Business, Energy and Industrial Strategy against the defendant for an order under section 8 of the Company Directors Disqualification Act 1986. The allegation against the defendant is that he . .
Director may be disqualified for failing to keep accounting records. . .
The Court gave directions indicating an intention to take greater control over applications for disqualification of Directors. . .
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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
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
Judges: Insolvency and Companies Court Judge Jones Citations: [2020] EWHC 1751 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company, Commercial Updated: 31 December 2022; Ref: scu.652325
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
Petition for judicial review of the respondent’s decision to apply for a disqualification order under section 8 of the Company Directors Disqualification Act 1986 Citations: [2013] ScotCS CSOH – 121 Links: Bailii Jurisdiction: Scotland Company Updated: 09 December 2022; Ref: scu.512382
Application for a disqualification order under section 6 of the Company Directors Disqualification Act 1986 Citations: [2021] EWHC 852 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 07 December 2022; Ref: scu.661645
Citations: [2012] EWHC 4199 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 2 Jurisdiction: England and Wales Company Updated: 20 November 2022; Ref: scu.472524
Citations: [2006] EWHC 1186 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 7 Jurisdiction: England and Wales Company Updated: 19 November 2022; Ref: scu.341735
Judges: Hildyard J Citations: [2013] EWHC 680 (Ch), [2013] Lloyd’s Rep FC 351 Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Financial Services, Company Updated: 14 November 2022; Ref: scu.472045
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
The Secretary of State may perfectly properly refuse to accept offered undertakings and instead decide to prosecute company directors under the Act, even though though the terms offered were intended to give equivalent effect. The purpose of the Act’s jurisdiction is to improve the standard of company directors, and the disqualification procedure has a prohibitory … Continue reading In the Matter of Blackspur Group Plc; Secretary of State for Trade and Industry v Davies; Thomas; Thompson; Andrew: CA 19 Nov 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
Citations: [2012] EWHC 3723 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 05 November 2022; Ref: scu.470143
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
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
The lack of a good reason for delay was not terminal to a company director disqualification application. Citations: Times 07-Jun-1996 Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Cited by: Cited – Davies v The United Kingdom ECHR 16-Jul-2002 The applicant had been subject to applications for his disqualification from acting as … Continue reading Secretary of State for Trade and Industry v Davies and Others: CA 7 Jun 1996
Period of directors disqualification can be set by reference to individual acts. Citations: Times 10-Jul-1996 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 31 October 2022; Ref: scu.89141
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
The Act was not solely punitive in its nature. The intention was, in addition, to provide protection to the public and other traders from the defendants activities. This meant that there need be no mathematical link between the length of any custodial sentence, and the length of any ban from acting as a company director. … Continue reading Regina v Evans (Andrew): CACD 16 Nov 1999
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
Judges: Insolvency and Companies Court Judge Jones Citations: [2022] EWHC 2503 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 20 October 2022; Ref: scu.681466
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
If a company continues to trade whilst insolvent but in the expectation that it would return to profitability, it should be regarded as trading not for the benefit of the shareholders, but for the creditors also. If there is a possibility of insolvency, even a written consent will not totally safeguard against a claim from … Continue reading West Mercia Safetywear Ltd v Dodds: CA 1988
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
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
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
Judges: The Honourable Mr Justice Peter Smith Citations: [2003] EWHC 175 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 29 September 2022; Ref: scu.179587
Citations: [2005] EWHC 603 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 27 September 2022; Ref: scu.224125
Citations: [2005] EWHC 1723 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 25 September 2022; Ref: scu.230117
Judges: Behrens HHJ Citations: [2009] EWHC 1796 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 22 September 2022; Ref: scu.375954
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
Application by disqualified director for permission to act as a director of a single company. Citations: [2011] EWHC 4091 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 17 Jurisdiction: England and Wales Company Updated: 12 September 2022; Ref: scu.551964
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
Citations: [2015] ScotCS CSOH – 46 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: Scotland Company Updated: 08 September 2022; Ref: scu.546798
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
Orse The Official Receiver v Batmanghelidjh and Others Judges: Falk J Citations: [2021] EWHC 175 (Ch) Links: Bailii, Judiciary Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Insolvency, Charity, Company Updated: 07 September 2022; Ref: scu.658130
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
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
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
Judges: Newey J Citations: [2010] EWHC 3175 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 28 August 2022; Ref: scu.426852
An Inspector’s side letter to his report to the Secretary of State about a recommendation not to disqualify was admissible in disqualification proceedings. Citations: Times 13-Jan-1998 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 27 August 2022; Ref: scu.89111
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
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
Citations: [2006] ScotCS CSIH – 40 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: Scotland Company Updated: 22 August 2022; Ref: scu.243078
Having authorised an enquiry under section 447, the Secretary of State presented a winding-up petition of the respondent, an authorised dealer in securities. The company had been obliged to cease trade by its regulatory body. The judge held that the public interest did not require the company to be wound up as it had ceased … Continue reading Re Walter L Jacob Ltd: CA 1989
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
Directors had been tried and convicted of offences which could have founded a s2 disqualification order. After they had been sentenced and left the dock, prosecuting counsel said to the judge: ‘Your Honour has made no reference to disqualification under the Act, so I take it your Honour makes no order?’ to which the judge … Continue reading Secretary of State v Nimley: ChD 5 Feb 2002
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
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
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
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
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
The provisions of the two Acts are intended to be part of the same statutory scheme and are to be read in combination. Judges: Vinelott J Citations: [1992] Ch 457 Statutes:
Citations: [2005] EWHC B22 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 86 Jurisdiction: England and Wales Company Updated: 13 July 2022; Ref: scu.237290
Citations: [2007] EWHC 350 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 09 July 2022; Ref: scu.249240
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
Citations: [2006] EWHC 1846 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 07 July 2022; Ref: scu.243347
Citations: [2006] EWHC 1804 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 8 Jurisdiction: England and Wales Company, Insolvency Updated: 07 July 2022; Ref: scu.243298
