A requirement that the court must have regard ‘in particular’ to the matters listed in a schedule means that the court is not confined to looking at those matters: ‘To reach a finding of unfitness the court must be satisfied that the director has been guilty of a serious failure or serious failures, whether deliberately or through incompetence, to perform those duties of directors which are attendant on the privilege of trading through companies with limited liability. Any misconduct of a director qua director may be relevant, even though it does not fall within a specific section of the Companies Act or the Insolvency Act.’
Judges:
Peter Gibson J
Citations:
[1988] BCLC 329
Statutes:
Company Director Disqualification Act 1985
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 argued that one shoul not be made in the absence of some breach of legal duty, some dishonesty should be shown.
Held: The answer was a mixture of fact and law. A breach of . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 23 March 2022; Ref: scu.188611