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 struck out, if there has been inordinate or inexcusable delay.
Staughton LJ said that ‘the public interest in the disqualification of unfit directors may . . have to yield to the lapse of time.’ The question he posed was ‘whether that public interest is outweighed by the requirements of justice in the particular circumstances of the particular case.’
Judges:
Staughton LJ
Citations:
Times 22-Jun-1995, [1995] 1 BCLC 578
Statutes:
Company Directors Disqualification Act 1986
Jurisdiction:
England and Wales
Citing:
Appeal from – In Re Manlon Trading Ltd ChD 15-Aug-1994
A different approach is required on striking out in Company Director Disqualification proceedings. . .
Cited by:
Cited – Eastaway v Secretary of State for Trade and Industry CA 10-May-2007
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 . .
Cited – Secretary of State for Trade and Industry v Eastaway CA 6-Apr-2001
. .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 21 January 2023; Ref: scu.82043
