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 was an abuse of process. The court held that the exercise of the power was ostensibly proper, and a court should be slow to intervene. The section clearly anticipated an application being made in the light of criminal proceedings, and the failure to make an application whilst the criminal proceedings remained outstanding could not be read as an intention to abandon applying for a disqualification order.
England and Wales
Updated: 18 July 2022; Ref: scu.81845