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Practice Direction: Directors Disqualification Proceedings 
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.
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 In a nutshell, it has been updated because the old PD was drafted in 1999 and is therefore considerably out of date.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In particular, the old PD was out of date in a number of respects. It contained references to the 2000 Chancery Guide, cross-referred to old provisions of the Civil Procedure Rules no longer applicable, and ceased to reflect current Companies Court practice regarding uncontested hearings and pre-trial reviews.
A number of people sat on the drafting committee for these rules, including:
Others also contributed such as:
Below are some of the changes. This is not an exhaustive list, but are just some of the main points as set out in the notes to the new PD. The full PD should be reviewed for all changes by those practising in this area. For a tracked changed version of the old PD against the new, see :
PD Director Disqualification Proceedings (showing Dec 2014 amends) Some of the key changes are:
This new PD has been a long time coming and seems to be a very sensible enhancement, as it incorporates current court practice so courts no longer have to work around the old PD. As is mentioned in the notes, the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987, SI 1987/2023 would also benefit from some significant updating. However, this is a matter for the government to pick up in due course. Practitioners will find there is nothing controversial in this new PD that is different from their current practice, but this new PD consolidates what they have been doing in practice in any event.
If you are a LexisPSL Subscriber, click the links below for further information on Directors Disqualification:
Directors Disqualification - an overview (Subscriber access only)
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First published on LexisPSL Restructuring and Insolvency
Eleanor Stephens, head of the Lexis®PSL Restructuring & Insolvency team.
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