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 the DTI led to a standard order for costs against the discontinuer.
Judges:
Nourse LJ
Citations:
Gazette 09-Sep-1992, [1993] 1 WLR 244, [1993] BCLC 135
Statutes:
Company Directors Disqualification Act 1986, Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 (SI 1987 No.2023) 2
Jurisdiction:
England and Wales
Citing:
Cited – Re Elgindata Ltd (2) CA 15-Jul-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 . .
Cited by:
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
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, . .
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
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, . .
Lists of cited by and citing cases may be incomplete.
Company, Costs
Updated: 23 March 2022; Ref: scu.85883
