Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure
Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure
  • Coronavirus (COVID-19)
  • Correct jurisdiction and parties
  • The procedure
  • Court hearing

Correct jurisdiction and parties

The Court's jurisdiction

CDDA 1986, s 17(1) states: 'Where a person is subject to a disqualification order made by a court having jurisdiction to wind up companies, any application for permission for the purposes of section 1(1)(a) shall be made to that court.' See also new Practice Direction: Directors Disqualification Proceedings [2014] para 17.

Where:

  1. a person is subject to a disqualification order made under s 2 by a court other than a court having jurisdiction to wind up companies or

  2. a person is subject to a disqualification order made under section 5

any application for permission for the purposes of s 1(1)(a) shall be made to any court which, when the order was made, had jurisdiction to wind up the company (or, if there is more than one such company, any of the companies) to which the offence (or any of the offences) in question related.

Under CDDA 1986, s 17(3), where a person is subject to a disqualification undertaking under ss 7 or 8, any application for permission shall be made to any court to which, if the Secretary of State (SoS) had applied for a disqualification order, their application could have been made.

Under CDDA 1986, s 17(4) where a person is subject to two or more disqualification orders or undertakings (or to one or more