Secretary of State for Trade and Industry v Carter and Others: ChD 14 Aug 1997

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 court and the matters upon which the allegations of unfitness were based.

Judges:

Neuberger J

Citations:

Times 14-Aug-1997

Statutes:

Company Directors Disqualification Act 1986, Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 (1987 No 2023) 6

Jurisdiction:

England and Wales

Company

Updated: 13 April 2022; Ref: scu.89126