The defendant, an undischarged bankrupt, appealed an order made for his committal to prison after failing to co-operate with his trustee. Held: The discharge of the bankruptcy had been extended already because of the defendant’s failure to co-operate. The defendant had not been given notice of the application for his committal. Section 364 was not … Continue reading Hickling v Baker: CA 4 Apr 2007
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
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
Action by Liquidator against directors for wrongful trading. The court was asked Whether the liquidators had established continued trading causing a loss to company in order to attribute personal liability on the directors. Held: Section 214(3) was intended to impose a high hurdle on the directors, being construed strictly it would require a director seeking … Continue reading Grant and Another v Ralls and Others (Re Ralls Builders Ltd): ChD 11 Feb 2016
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
