A company director was examined in court, in the course of company director disqualification proceedings. The judge was so concerned by his behaviour as a witness, as to extend the period of disqualification. He had appealed, and the Secretary of State appealed a reduction in the disqualification period.
Held: The disqualification proceedings were themselves a ‘matter concerned with or arising out of the insolvency’, and the section was wide enough to cover such a matter as a separate head of complaint affecting the period of disqualification, but the procedure to be followed would have to be fair, allowing the director proper opportunity to reply.
Judges:
Lord Justice Pill, Lord Justice Mummery and Lord Justice Latham
Citations:
Times 08-May-2002, [2002] EWCA Civ 497, [2002] 2 BCLC 625
Links:
Statutes:
Company Directors Disqualification Act 1986 6(2)
Jurisdiction:
England and Wales
Citing:
Cited – In re Sevenoaks Stationers (Retail) Ltd CA 1990
The court gave guidelines for the periods of disqualification to be applied for company directors under the Act. The maximum period of ten years should be reserved for only the most serious of cases. Periods of two to five years should apply to . .
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: 07 September 2022; Ref: scu.170249