The claimant had offered an undertaking not to act as a company director for a period of time, to avoid applications for his disqualification. He now sought leave to act.
Held: The applicant had: ‘put forward ample evidence to justify a finding that he is skilled and experienced at marketing and sales and would be valuable to any company in that role at a managerial level. As to what the evidence does not show, it does not demonstrate that H has a track record, experience, skills or training in successful or competent financial management of a company or business; it also does not demonstrate that H has any background or training in licensed credit finance, whether for hire or sale.’
Applying the principles from the authorities in this case, any permission would have been subject to additional conditions appropriate to the situation, but he had not demonstrated the level of need required to permit his involvement in companymanagement.
Simon Barker QC
[2013] EWHC 2514 (Ch)
Bailii
Company Directors Disqualification Act 1986 1A
England and Wales
Citing:
Cited – In re Sevenoaks Stationers (Retail) Ltd CA 1990
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 . .
Cited – Re Tech Textiles Ltd ChD 1998
A disqualified director sought leave under section 17 to act as a director or be concerned or take part in the management of 3 companies and was successful in respect of 1 company. Arden J looked at the statutory basis and observed that the purpose . .
Cited – Re Barings and Others (No 3) ChD 1999
The disqualified director sought leave under section 17 to act as a director in circumstances which did not involve him assuming any executive responsibilities, other than of a trivial nature, and left him free to contract as a consultant.
Cited – Re Dawes and Henderson Agencies Ltd ChD 1999
Sir Richard Scott V-C considered the effect of the relative strength of the case as to need on the degree of risk to the public that might be acceptable on any resumption of company director responsibilities, and concluded that in a strong case of . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 01 November 2021; Ref: scu.514979