New practice direction on directors' disqualification

New practice direction on directors' disqualification

Will the new practice direction (PD) on directors' disqualification bring disqualification proceedings up to date with modern court practice?

Original news

Practice Direction: Directors Disqualification Proceedings [2014]

The PD on directors' disqualification proceedings first drafted in 1999 has now been amended by committee and a new PD has been substituted in its place, with effect from 9 December 2014.

What is the reasoning behind the new PD?

The reasoning is set out in full in the notes to the new PD. In a nutshell, it has been updated because the old PD was drafted in 1999 and is therefore considerably out of date. Practice has evolved and developed through the courts since then, and this PD has been drafted to reflect the reality of the way that directors' disqualification proceedings are being dealt with day to day.

In particular, the old PD was out of date in a number of respects. It contained references to the 2000 Chancery Guide, cross-referred to old provisions of the Civil Procedure Rules no longer applicable, and ceased to reflect current Companies Court practice regarding uncontested hearings and pre-trial reviews.

Who drafted the new PD?

A number of people sat on the drafting committee for these rules, including:

  • Chief Registrar Baister
  • Michael Gibbon QC
  • Morris Peacock of Howes Percival, and
  • Catherine Doran of Radcliffe Chambers

Others also contributed such as:

  • Malcolm Davis-White QC
  • HHJ Abbas Mithani
  • DJ Andrew Saffmann of the Insolvency Court Users Committee, and
  • Colin Evans, head of the technical team at the Insolvency Service

What are the main changes contained within the new PD?

Below are some of the changes. This is not an exhaustive list, but are just some of

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About the author:
Eleanor qualified in 1998 into the insolvency team at ASB law. She became a partner in 2005, and went on to head up the Recovery & Insolvency team. Whilst traditionally specialising mainly in contentious corporate insolvency matters, in recent years she has moved into the non contentious arena, in particular specialising in company administrations.