Laddie J discussed the seriousness of the consequences of a director’s disqualification, saying: ‘It is the seriousness of these consequences and the fact that such orders are sought by the [Secretary of State] on behalf of the public which should inform the way in which the proceedings are commenced and how the [Secretary of State] carries out her functions.’ He discussed also the possibility that ‘failure of the [Secretary of State] to act fairly in preparing her case against [the director], including failing to give him an opportunity to respond to her allegations, could amount to an abuse of process.’
Judges:
Laddie J
Citations:
[2004] BCC 877
Jurisdiction:
England and Wales
Cited by:
Cited – Secretary of State for Business, Innovation and Skills v Doffman and Another ChD 11-Oct-2010
The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 15 May 2022; Ref: scu.444674
