Thursday, 14 October 2010

UK: England and Wales: directors' disqualification

The ICLR has published, as part of its WLR Daily service, a summary for Re Stakefield (Midlands) Ltd. and others [2010] WLR (D) 249: see here. The summary's headnote reads:

A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform [now BIS] would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant's unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case".

Update (12 November 2010): a copy of the judgment is now available on BAILII: see here.

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