In asking a court to order the disqualification of a company director, the Secretary of State may call in evidence findings of the Financial Services Authority as to misconduct, but no those of the Financial Services Ombudsman. The rule in Hollington applied to such proceedings. Hearsay evidence would have been admissible before the Ombudsman.
Judges:
Buxton LJ, Keene LJ, Thomas LJ
Citations:
[2008] EWCA Civ 1146, Times 10-Nov-2008, [2009] Lloyd’s Rep FC 1, [2009] 1 BCLC 55, [2009] Bus LR 809, [2009] BCC 375, [2009] CP Rep 10
Links:
Statutes:
Company Directors Disqualification Act 1986 7
Jurisdiction:
England and Wales
Citing:
Cited – Hollington v F Hewthorne and Co Limited CA 1943
The defendant had been involved in a road accident in which the plaintiff’s son had died, and had been convicted of careless driving. The plaintiff as the personal representative of his son sued for damages for negligence, seeking to rely on the . .
Lists of cited by and citing cases may be incomplete.
Company, Evidence
Updated: 19 July 2022; Ref: scu.276944