The director sought to appeal an order disqualifying him form acting as a company director.
Held: The disqualification proceedings were properly charactised as insolvency proceedings and therefore there was no requirement for permission to appeal to a high court judge.
Judges:
Morritt
Citations:
[2005] EWHC 888 (Ch), Times 26-May-2005
Links:
Statutes:
Company Directors Disqualification Act 1986 6 21(2)
Jurisdiction:
England and Wales
Citing:
Cited – Mulholland v Mitchell HL 1971
The House was asked whether to re-open an assessment of damages where there had been a very marked change in the injured person’s situation shortly after the trial. There was no suggestion of fraud. The Court of Appeal had decided to admit the fresh . .
Cited – Robinson v Fernsby, Scott-Kilvert CA 19-Dec-2003
The judge had drafted his judgment and sent the drafts to the parties for comment. He then received additional written representations from one party, from which he realised that he had made an error, and issued a corrected judgment which a . .
Cited – Hanley v Stage and Catwalk Ltd (T/A Acorn Studios) and others CA 7-Nov-2001
. .
Cited – Maria Dolores Townsend and Beverley Ann King v George Nicolas Achilleas CA 6-Jul-2000
. .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Hamilton v Al Fayed (2) CA 13-Oct-2000
A third party who financially supported a court action had no right to be joined as a party even at hearings at which decisions would be made which might affect his potential liabilities. Those who financially support proceedings must acknowledge . .
Cited – Re Probe Data Systems Ltd (No.3) CA 1992
An appeal from a director disqualification is to be under the Insolvency Rules. . .
Cited – Hertfordshire Investments Ltd v Bubb and Another CA 25-Jul-2000
When considering an application for a re-hearing of a County Court action in order to consider and admit new evidence, the county court and High Court practice is now the same and the judge should consider the list of questions in Ladd v Marshall, . .
Cited – Charlesworth v Relay Roads Ltd ChD 31-Aug-1999
It remains possible to amend pleadings after judgment but before the order is drawn up, provided the party involved complies with the appropriate procedures. This may apply even though it would require the presentation of further evidence and . .
Cited – Irtelli v Squatriti and Others CA 15-Apr-1992
Fresh evidence may be accepted in appeals against committal for contempt. . .
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 – In re Grayan Building Services Ltd CA 1995
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
Lists of cited by and citing cases may be incomplete.
Company, Insolvency
Updated: 29 September 2022; Ref: scu.225273