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 practice 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 court's jurisdiction
  • The parties
  • The role of the Secretary of State (SoS)/Official Receiver (OR)
  • The procedure
  • The Claim
  • Evidence
  • Court hearing
  • More...

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)

This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and processes as a result of the Coronavirus (COVID-19) pandemic, including the Temporary Insolvency Practice Direction 2020. For further information, see Practice Notes: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings and The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (April 2021). For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

Correct jurisdiction and parties

The court's jurisdiction

Section 17 of the Company Directors Disqualification Act 1986 (CDDA 1986) 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 CDDA 1986, 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 CDDA 1986, s 5

any application for permission for the purposes of CDDA 1986, s 1(1)(a) shall be

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