Frewen v Secretary of State for Trade and Industry: ChD 10 Dec 2002
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
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
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
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
Judges: Rix LJ Citations: [2005] EWCA Civ 1098 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 28 June 2022; Ref: scu.229858
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
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
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
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
‘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
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
Judges: Hart J Citations: [2001] EWHC Ch 451 Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Insolvency, Company Updated: 04 June 2022; Ref: scu.163008
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
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
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
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
Judges: Mullen ICC J Citations: [2019] EWHC 459 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 30 May 2022; Ref: scu.634409
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
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
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
A finding of breach of duty is neither necessary nor of itself sufficient for a finding of unfitness. As the judge (at first instance) observed a person may be unfit even though no breach of duty is proved against him or may remain fit notwithstanding the proof of various breaches of duty. The appeal was … Continue reading In re Barings plc (No 5): CA 2000
A person required to answer questions under the section may not refuse to answer on the ground of self-incrimination. (Dillon LJ) ‘It is plain to my mind – and not least from the Cork Report – that part of the mischief in the old law before the Insolvency Act 1985 was the apparent inability of … Continue reading Bishopsgate Investment Limited v Maxwell: CA 1999
A disqualified director applied for consent to act in the management of a company before his disqualification had expired. He succeeded, and the judge made no award for costs. On appeal by the Secretary of State it was held that the lifting of the disqualification was a matter purely for the discretion of the judge. … Continue reading Secretary of State for Trade and Industry v Collins and others: CA 13 Jan 2000
When considering what constituted a shadow director, courts should be reluctant to move away from the words of the Act. The words should be construed carefully because the term was used in several pieces of legislation, including those with penal provisions. A shadow director is one who has real influence on a company. He does … Continue reading Secretary of State for Trade and Industry v Deverill and another: CA 20 Jan 2000
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. Held: Where a disqualification order has been made following dishonesty, that is likely to be a … Continue reading Re Barings and Others (No 3): 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 need some slight risk might be acceptable: ‘In a case where … Continue reading Re Dawes and Henderson Agencies Ltd: ChD 1999
Company directors had had civil proceedings for disqualification suspended pending the outcome of criminal proceedings arising from the circumstances of the failure of their companies. They had variously suffered penalties including criminal disqualifications in those criminal proceedings, under section 2. They sought to argue that the continuation of the civil proceedings under section 6 would … Continue reading In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: CA 26 Jun 2001
Judges: Mrs Justice Joanna Smith DBE Citations: [2022] EWHC 922 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 08 May 2022; Ref: scu.675872
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
The Secretary of State, when presenting an application for the disqualification of a company director is obliged to present a balanced picture. ‘It is accepted that these are not ordinary adversarial proceedings but have an element of public interest and may entail penal consequences. It follows that there is a duty on the applicant to … Continue reading Re Moonlight Foods Ltd , Secretary of State for Trade and Industry v Hickling: 1996
The 10 day notice period before commencing proceedings had to be calculated exclusive of the day on which the notice was given and the day on which the proceedings were issued. Judges: Harman J Citations: [1990] BCC 303 Statutes: Company Directors Disqualification Act 1986 16(1) Jurisdiction: England and Wales Cited by: Cited – The Secretary … Continue reading Re Jaymar Management Ltd: ChD 1990
The procedures for disqualifying directors should not become hedged about with particular rules allowing directors to escape disqualification on small and technical points. Citations: [2001] BCC 523 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Cited by: Cited – The Secretary of State for Trade and Industry v Swan and Othes ChD 22-Jul-2003 … Continue reading Re Cubelock Ltd: ChD 2001
Referring to the procedure in disqualification proceedings of serving an affidavit, the court held: ‘That procedure, and, in particular, the mandatory requirement in r 6, emphasises the importance to the respondent of being able to ascertain with clarity from the evidence filed on behalf of the applicant what are the criticisms laid against him, and … Continue reading Re Sutton Glassworks Ltd: ChD 1996
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
The affidavit filed in proceedings under the Act take a role similar to that of the pleadings in other cases. Judges: HH Judge Micklem Citations: [1994] BCC 226 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Cited by: Cited – The Secretary of State for Trade and Industry v Swan and Othes ChD … Continue reading Re Circle Holidays International plc: ChD 1994
Citations: [2003] ScotCS 25 Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: Scotland Company Updated: 29 April 2022; Ref: scu.192701
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
Outside of any statutory limitations, there was nothing to prevent a prosecutor making use of helpful ideas disclosed in civil proceedings in his case against a defendant. Questions about a defendant’s right of silence in criminal proceedings did not apply in civil matters. Judges in either court had powers to control their proceedings to prevent … Continue reading Secretary of State for Trade and Industry v Crane and Another: ChD 4 Jun 2001
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
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
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
A failure to file his company’s accounts is a serious default, and is sufficient to warrant the disqualification of a company secretary from acting as a company director. The filing of accounts is a substantial protection for those trading with limited companies. Citations: Times 05-Jan-1993 Statutes: Company Directors Disqualification Act 1986, Companies Act 1985 Jurisdiction: … Continue reading In Re Pamstock Ltd: ChD 5 Jan 1993
A court must hear evidence before disqualifying directors. Though the Director and the Secretary of State might reach an agreement as to what should happen, they could not displace the court in deciding what order should be made, and in making that order. The court approved the submission by the parties to the Court an … Continue reading In Re Carecraft Construction Co Ltd: ChD 13 Oct 1993
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: Deputy Insolvency and Companies Court Judge Greenwood Citations: [2022] EWHC 21 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 23 March 2022; Ref: scu.671495
Judges: Miles J Citations: [2020] EWHC 2778 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 17(3) Jurisdiction: England and Wales Company Updated: 23 March 2022; Ref: scu.655198
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
The Secretary of State for Trade and Industry had sought orders of disqualification against the director and a co-director under the provisions of the Company Directors Disqualification Act 1986. The Secretary of State’s summons was supported by an affidavit from one of the receivers of the company. Held: The director’s appeal succeeded. A discontinuance by … Continue reading Re Southbourne Sheet Metal Co Ltd: CA 9 Sep 1992
A successful plaintiff who had not been shown to have behaved improperly or unreasonably was not to have his costs reduced or be ordered to pay any part of his opponents costs for having pursued some unsuccessful points. Nourse LJ said that ‘(i) Costs are in the discretion of the court. (ii) They should follow … Continue reading Re Elgindata Ltd (2): CA 15 Jul 1992
Judges: Mr Eason Rajah QC (Sitting as a Judge of the High Court) Citations: [2021] EWHC 2463 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 17 Jurisdiction: England and Wales Company Updated: 09 February 2022; Ref: scu.671318
Hodge QC HHJ [2016] EWHC 2821 (Ch) Bailii Company Directors Disqualification Act 1986 England and Wales Company Updated: 26 January 2022; Ref: scu.571447
The purposes of a liquidation, or administration or receivership of a company must include the gathering of information as to the conduct of the affairs of the company, and those who had conducted them so that the office-holder can report to the Secretary of State as he is required to do by section 7(3) of … Continue reading In re Polly Peck International plc, Ex parte the joint administrators: ChD 1994
Where the sole substantial issue was that the court of first instance had failed to give reasons for its decision, it would normally be wrong for an appellate court to order a rehearing rather than a review. This might be appropriate if the court below had been asked and had refused to give reasons, or … Continue reading Secretary of State for Trade and Industry v Lewis and Another: ChD 19 Jul 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 drawings. The Vice-Chancellor, Lord Justice Buxton, And, Lady Justice Arden [2004] BCC 581, [2002] 1 BCLC 119, [2000] 1 WLR 2230, [2001] EWCA Civ 1787 Bailii Company Directors Disqualification Act 1986 … Continue reading Official Receiver v Stern and Another: CA 20 Nov 2001
Keyser QC HHJ [2015] EWHC 1585 (Ch) Bailii Company Directors Disqualification Act 1986 England and Wales Company, Insolvency Updated: 30 December 2021; Ref: scu.547579
Application for disqualification. Lord Woolman [2014] ScotCS CSOH – 127 Bailii Company Directors Disqualification Act 1986 Scotland, Company Updated: 20 December 2021; Ref: scu.535842
Application pursuant to section 4(2) of the Human Rights Act 1998 for a declaration that Schedule 4A paragraph 5(2) of the Insolvency Act 1986 and section 11 of the Company Directors Disqualification Act 1986 are incompatible with Article 6 of the European Convention on Human Rights. Mr Justice Arnold [2010] EWHC 2246 (Ch) Bailii Human … Continue reading Spencer Michael v The Official Receiver, Secretary of State for Business, Innovation and Skills: ChD 15 Jul 2010
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company. Held: A company director has additional, fiduciary duties over and above those of an employee. The duties … Continue reading Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd: CA 30 Sep 2004
An appeal from a director disqualification is to be under the Insolvency Rules. [1992] BCC 110 Company Directors Disqualification Act 1986 6 England and Wales Cited by: Cited – Secretary of State for Trade and Industry v Paulin ChD 13-May-2005 The director sought to appeal an order disqualifying him form acting as a company director. … Continue reading Re Probe Data Systems Ltd (No.3): CA 1992
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
The respondent had been involved in company director disqualification proceedings some 12 years earlier. The claimant, publisher of Private Eye sought disclosure of the associated court papers. Held: The applicant had provided appropriate details of the papers required. The basic principle of open justice applied, and the papers were required for a proper jurnalistic purpose.The … Continue reading Pressdram Ltd v Whyte: ChD 30 May 2012
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 cases at the bottom end, and the middle bracket of 6 to … Continue reading In re Sevenoaks Stationers (Retail) Ltd: CA 1990
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
Robert Walker LJ said that the expression ‘de facto director’ had been in use for a long time, and commented on the failure to distinguish in pleadings between pleas that someone was a shadow or a de facto director. The two different labels were not necessarily mutually exclusive. He said: ‘However the two concepts do … Continue reading Re Kaytech International plc; Secretary of State for Trade and Industry v Kaczer and others: CA 1999
The appellant supported IT workers. Through his own company, he set up companies in which his company was a director, and which companies in turn employed the IT workers securing substantial savings in higher rate Corporation Tax. Held: The defendant’s appeal succeeded. Though the appellant was not himself a director in the companies, his company … Continue reading Holland v Revenue and Customs and Another: CA 2 Jul 2009
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
S6 of the 1986 Act proceedings had been stayed pending criminal proceedings in which the defendant was eventually convicted of conspiracy to defraud, sentenced to imprisonment and given a two year disqualification order under s2 by the trial judge, at the invitation of the defendants own counsel. The Secretary of State then applied to restore … Continue reading In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: ChD 3 Apr 2001
The directors appealed against disqualification orders made against them under the 1986 Act. Their company had become insolvent, owing substantial arrears of PAYE and NI contributions. The revenue had said that they had paid other creditors first. Held: When considering appeals to avoid disqualification, a court would be better guided by the use of the … Continue reading Cathie and Another v Secretary of State for Business, Innovation and Skills: CA 1 Jun 2012
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 … Continue reading Harris v Secretary of State for Business, Innovation and Skills: ChD 9 Aug 2013
The Revenue sought an order under section 212 of the 1986 Act, for payment of the tax debts of the insolvent company by a de facto director. H had organised a scheme under which IT contractors had worked through companies created by him under a composite company scheme, and in each of which he retained … Continue reading Holland v Revenue and Customs and Another: SC 24 Nov 2010
In the course of disqualification proceedings, a company director was found to have attempted to mislead the court. It was held that that finding could assist the court in finding that the director could be capable of misconduct. However that . .
The court was faced with the question whether one of the three respondents, who was not a director of the company de jure, was nevertheless a director of the company de facto and as such liable to disqualification.
Held: A de facto director . .
Directors liability to compensate on insolvency for own negligence. ‘In my view, the duty of care owed by a director at common law is accurately stated in s 214(4) of the Insolvency Act 1986. It is the conduct of – ‘a reasonably diligent person . .
The Court may require deponents to attend in person for cross examination. It has no jurisdiction to order oral evidence on applications to disqualify a director. . .
renewed application for permission to appeal . .
. .
. .
The lower court had dismissed a petition for a director disqualification because of the failure to comply with the ten day requirement in section 16.
Held: (Majority) The provisions of section 16 were directory only and not mandatory. . .
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 . .
Summary Application under section 7 of the Company Directors Disqualification Act 1986 . .
. .
. .
. .
. .
. .
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .