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: [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
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
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 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
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
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
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
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
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: [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
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
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
(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
‘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
Morritt LJ, giving the judgment of the court, distinguished between the conduct of two directors, disqualifying one for twelve years and the other for eight. He said: ‘The period for disqualification is a matter for the discretion of the judge hearing the application to be exercised in accordance with the relevant principles. One such principle … Continue reading Secretary of State for Trade and Industry v McTighe: CA 1997
Appeal against banning order. Citations: [2002] EWCA Civ 286 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 29 May 2022; Ref: scu.216730
The claimants sought judicial review of decisions made about the future conduct of disqualification proceedings. Citations: [1997] EWHC Admin 1166 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Citing: See Also – Regina v Secretary of State for Trade and Industry ex parte David Austin Mccormick Admn 19-Dec-1997 . . Cited by: See Also – … Continue reading Regina v Secretary of State for Trade and Industry ex parte David Austin Mccormick: Admn 18 Dec 1997
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 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
Chadwick J said: ‘It would be preferable, for the future, if those preparing and swearing affidavits in support of applications under this Act were careful to distinguish between facts which they are able to establish by direct evidence, the inferences which they invite the court to draw from those facts, and the matters which are … Continue reading Re Pinemoor Ltd: ChD 1997
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
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
Company Director Disqualification proceedings can take account of convictions spent under Rehabilitation of Offenders Act 1974. Citations: Times 27-Aug-1997 Statutes: Company Directors Disqualification Act 1986, Rehabilitation of Offenders Act 1974 Administrative Updated: 10 April 2022; Ref: scu.89143
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
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
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
[2014] ScotCS CSOH – 148 Bailii Company Directors Disqualification Act 1986 Scotland, Company Updated: 22 December 2021; Ref: scu.538167
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
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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
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
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
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
The claimant sought a disqualification after the defendants had been directors of a company mis-selling Structured Capital at Risk products. The FSA had reported that they had been negligent. Held: ‘I do not have to decide whether or not the defendants were negligent. The question is whether their risk ratings were so flawed that they … Continue reading Secretary of State for Business Innovation and Skills v Aaron and Others: ChD 10 Dec 2009
Summary Application under section 7 of the Company Directors Disqualification Act 1986 . .
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
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
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
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
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
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
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
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 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
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
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
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
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
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: [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
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
Citations: [2002] EWHC 2688 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 05 July 2022; Ref: scu.178892
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
The defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be quashed because the defendant had not benefitted as alleged. Held: The appeals failed. The court … Continue reading Regina v Stannard: CACD 1 Nov 2005
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
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
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
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
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
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: His Honour Judge Halliwell sitting as a High Court Judge Citations: [2018] EWHC 2146 (Ch), [2018] WLR(D) 592 Links: Bailii, WLRD Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 07 June 2022; Ref: scu.625494
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
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
A director was prosecuted for the criminal offence of fraudulent trading, and in light of that the Disqualification Unit at the Insolvency Service decided not to pursue its own disqualification application under s6 but to ask the prosecution to seek an order under s2 if a conviction was obtained. That request was made to the … Continue reading Re Denis Hilton Ltd: ChD 2002
The discretion of the court to allow a disqualified company director to take on the duties of a director, is complete and is not to be fettered. Whether the reason for wanting to act is personal or for business is not decisive. Citations: Times 09-Feb-1999, Gazette 24-Feb-1999 Statutes: Company Directors Disqualification Act 1986 17 Jurisdiction: … Continue reading Shuttleworth v Secretary of State for Trade and Industry: ChD 9 Feb 1999
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
Appeal from Company Director Disqualification Citations: [2001] EWCA Civ 1237 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 31 May 2022; Ref: scu.147644
Judges: Morritt, Waller, Mummery LJJ Citations: [2000] EWCA Civ 59 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 31 May 2022; Ref: scu.147092
Disqualification order application Citations: [2015] ScotCS CSOH – 45 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: Scotland Scotland Updated: 30 May 2022; Ref: scu.546797
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 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
Judges: ICC Judge Barber Citations: [2022] EWHC 971 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 22 May 2022; Ref: scu.676877