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
Citations: [2000] ScotCS 280 Links: Bailii Statutes: Directors Disqualitication Act 1986 Jurisdiction: Scotland Company Updated: 04 June 2022; Ref: scu.164020
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
[2013] ScotCS CSOH – 98 Bailii Company Directors Disqualification Act 1986 Scotland Company Updated: 14 November 2021; Ref: scu.510965
References: [2013] ScotCS CSOH_98 Links: Bailii Statutes: Company Directors Disqualification Act 1986
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
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
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 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 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
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
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
Citations: [2006] ScotCS CSIH – 40 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: Scotland Company Updated: 22 August 2022; Ref: scu.243078
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 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
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
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
Guidance given on what evidence should be admitted to affect the length of disqualification and conditions of Director’s disqualification.A director’s duty to exercise his powers in the best interests of the company and to recognise the separate legal character of the company are essential attributes of fitness to be concerned in the management of a … Continue reading Secretary of State for Trade and Industry v Griffiths; Conway and Wassell; In Re Westmid Packing Services Ltd: CA 16 Dec 1997
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
Judges: Havery J QC Citations: [2006] EWHC 2761 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 30 June 2022; Ref: scu.246058
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
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
Judges: David Richards J Citations: [2006] EWHC 2110 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 8, Companies Act 1985 437 Jurisdiction: England and Wales Company Updated: 02 June 2022; Ref: scu.244233
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
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
The purpose of the jurisdiction created under the Act is to promote better management standards in companies. Citations: [1993] BCLC 796 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Cited by: Cited – The Secretary of State for Trade and Industry v Michael Hamilton Amiss, Jonathan Andrew Chapman, Roger Rex Ingles ChD 20-Mar-2003 … Continue reading re Swift 736 Limited: 1993
The Secretary of State, when presenting an application for the disqualification of a company director is obliged to present a balanced picture. ‘It is accepted that these are not ordinary adversarial proceedings but have an element of public interest and may entail penal consequences. It follows that there is a duty on the applicant to … Continue reading Re Moonlight Foods Ltd , Secretary of State for Trade and Industry v Hickling: 1996
Referring to the procedure in disqualification proceedings of serving an affidavit, the court held: ‘That procedure, and, in particular, the mandatory requirement in r 6, emphasises the importance to the respondent of being able to ascertain with clarity from the evidence filed on behalf of the applicant what are the criticisms laid against him, and … Continue reading Re Sutton Glassworks Ltd: ChD 1996
Citations: [2017] EWHC 2856 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 01 April 2022; Ref: scu.599643
Hodge QC HHJ [2016] EWHC 2821 (Ch) Bailii Company Directors Disqualification Act 1986 England and Wales Company Updated: 26 January 2022; Ref: scu.571447
[2014] ScotCS CSOH – 148 Bailii Company Directors Disqualification Act 1986 Scotland, Company Updated: 22 December 2021; Ref: scu.538167
The Secretary sought disqualification of the defendants. The second defendant had not been a director of the company, but director of another company which in turn held a directorship in the defaulting company. Held: The claim failed: ‘i) As I have already pointed out the purposes of section 6 of the CDDA and section 214 … Continue reading Secretary of State for Trade and Industry v Hall and Nuttall: ChD 28 Jul 2006
The Court gave directions indicating an intention to take greater control over applications for disqualification of Directors. . .
renewed application for permission to appeal . .
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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
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
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
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
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
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
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
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
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 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
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
‘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
Judges: Hart J Citations: [2001] EWHC Ch 451 Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Insolvency, Company Updated: 04 June 2022; Ref: scu.163008
Judges: Mullen ICC J Citations: [2019] EWHC 459 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 30 May 2022; Ref: scu.634409
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
An applicant for a company director disqualification order was permitted to name more than one company as the lead company in its application. The Interpretation Act operated to resolve any ambiguity or lack of clarity in favour of an interpretation allowing multiple lead companies. The notice of intention to apply need not either mention all … Continue reading In Re Surrey Leisure Ltd; Official Receiver v Keam and Another: CA 28 Jul 1999
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
Judges: Deputy Insolvency and Companies Court Judge Greenwood Citations: [2022] EWHC 21 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 23 March 2022; Ref: scu.671495
Judges: Pelling QC Citations: [2007] EWHC 1933 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 23 March 2022; Ref: scu.259429
An appeal from a director disqualification is to be under the Insolvency Rules. [1992] BCC 110 Company Directors Disqualification Act 1986 6 England and Wales Cited by: Cited – 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. … Continue reading Re Probe Data Systems Ltd (No.3): CA 1992
The court gave guidelines for the periods of disqualification to be applied for company directors under the Act. The maximum period of ten years should be reserved for only the most serious of cases. Periods of two to five years should apply to cases at the bottom end, and the middle bracket of 6 to … Continue reading In re Sevenoaks Stationers (Retail) Ltd: CA 1990
The directors appealed against disqualification orders made against them under the 1986 Act. Their company had become insolvent, owing substantial arrears of PAYE and NI contributions. The revenue had said that they had paid other creditors first. Held: When considering appeals to avoid disqualification, a court would be better guided by the use of the … Continue reading Cathie and Another v Secretary of State for Business, Innovation and Skills: CA 1 Jun 2012
In the course of disqualification proceedings, a company director was found to have attempted to mislead the court. It was held that that finding could assist the court in finding that the director could be capable of misconduct. However that . .
Director may be disqualified for failing to keep accounting records. . .
The court was faced with the question whether one of the three respondents, who was not a director of the company de jure, was nevertheless a director of the company de facto and as such liable to disqualification.
Held: A de facto director . .
The lower court had dismissed a petition for a director disqualification because of the failure to comply with the ten day requirement in section 16.
Held: (Majority) The provisions of section 16 were directory only and not mandatory. . .
Judgment on the appeals brought by two former directors of Janus Technologies Limited against disqualification orders under section 6 of the Company Directors Disqualification Act 1986 . .
An application for disqualification orders was made on the basis of the directors’ failure to pay tax.
Held: Neuberger J said: ‘I would accept the grave nature of an allegation of unfitness under section 6(1)(b) of the 1986 Act must be borne . .
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
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
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
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 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
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
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
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
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
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
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
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
