06 July 2012
Re a Company 8097 of 2011 [2012] All ER (D) 163 (Jun)
It was established that the general discretion under s 1(1)(a) of the Company Directors Disqualification Act 1986 would require the balancing of factors that would include: (i) the protection of the public; (ii) deterrence; and (iii) the need and legitimate interest of the claimant. Further, there had been no rule that would prevent a court granting an order under ss 1(1)(a) and 17 of the Act from being made against a dishonest former director. The courts had a discretion unfettered by statute and it would be wrong for the court to fetter its discretion.
