When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances.
Held: In this case the Secretary of State’s papers contained irrelevant matters and had failed to present the issues in a balanced way. One day’s notice, rather than ten were given, and no explanation was provided. There was a procedural unfairness. However such unfairness could be dealt with without the proceedings being struck out, and the application was refused.
Judges:
The Honourable Mr Justice Laddie
Citations:
[2003] EWHC 1780 (Ch), Times 18-Aug-2003
Links:
Statutes:
Company Directors Disqualification Act 1986 6
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 – In re Lo-Line Electric Motors Ltd 1988
When considering the filing of additional evidence changing allegations made under the 1986 Act, the paramount requirement is that the director facing disqualification must know the charge he has to meet. As to the standard of misbehaviour required . .
Cited – Re Circle Holidays International plc ChD 1994
The affidavit filed in proceedings under the Act take a role similar to that of the pleadings in other cases. . .
Cited – In Re Rex Williams Leisure Plc (In Administration) CA 4-May-1994
On an application for a disqualification order, the director against whom the order is to be made should file an affidavit before the date of the hearing. A disqualification order can have grave consequences and is a serious interference with the . .
Cited – Palamisto General Enterprises SA v Ocean Marine Insurance Limited CA 1972
‘Where a party asserts his opponent’s complicity in . . criminal misconduct, the case is pre-eminently one in which not only the RSC (Ord. 18 r.12(1) and Ord. 72 r. 7(2)) but also fair treatment require that, so far as practicable, the matter . .
Cited – John Zink and Co Limited v Wilkinson CA 1973
Where a party alleged breach of confidence, the pleadings should be sufficiently particular to allow a defendant to know the particular allegations he faced. . .
Cited – Re Moonlight Foods Ltd , Secretary of State for Trade and Industry v Hickling 1996
The Secretary of State, when presenting an application for the disqualification of a company director is obliged to present a balanced picture. ‘It is accepted that these are not ordinary adversarial proceedings but have an element of public . .
Cited – Re Sutton Glassworks Ltd ChD 1996
Referring to the procedure in disqualification proceedings of serving an affidavit, the court held: ‘That procedure, and, in particular, the mandatory requirement in r 6, emphasises the importance to the respondent of being able to ascertain with . .
Cited – Re Pinemoor Ltd ChD 1997
Chadwick J said: ‘It would be preferable, for the future, if those preparing and swearing affidavits in support of applications under this Act were careful to distinguish between facts which they are able to establish by direct evidence, the . .
Cited – In Re Continental Assurance Co of London Plc ChD 2-Jul-1996
Gross incompetence as director in not reading the company accounts founded disqualification. The jurisdiction of company director disqualification should not be hedged about with rigid rules which would allow directors to navigate around . .
Cited – Re Jaymar Management Ltd ChD 1990
The 10 day notice period before commencing proceedings had to be calculated exclusive of the day on which the notice was given and the day on which the proceedings were issued. . .
Cited – Re Cedac Ltd CA 1991
The Secretary of State’s notice of intention to bring disqualification proceedings was served and the proceedings begun 10 days later just inside the 2 year limitation period specified by s 7(2) of the Act. Both parties believed the 10 day notice . .
Cited – Re Cubelock Ltd ChD 2001
The procedures for disqualifying directors should not become hedged about with particular rules allowing directors to escape disqualification on small and technical points. . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 29 September 2022; Ref: scu.184878