Disqualification under section 6 of the Company Directors Disqualification Act 1986—Part 1: the process and procedure
Disqualification under section 6 of the Company Directors Disqualification Act 1986—Part 1: the process and procedure

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

  • Disqualification under section 6 of the Company Directors Disqualification Act 1986—Part 1: the process and procedure
  • Coronavirus (COVID-19)
  • Time limit for bringing a director disqualification claim
  • The director disqualification claim
  • Which court has jurisdiction to hear CDDA 1986, s 6 cases?
  • The claim form
  • Service
  • Hearings, directions and orders
  • First hearing
  • Contested hearings
  • More...

Disqualification under section 6 of the Company Directors Disqualification Act 1986—Part 1: the process and procedure

STOP PRESS: In May 2021 the government announced that the Insolvency Service will be given the power to investigate directors of companies that have been dissolved. This is designed to close a legal loophole and act as a strong deterrent against the misuse of the dissolution process. Currently, the Insolvency Service only has powers to investigate directors of live companies or those entering a form of insolvency.

For further reading, see:

  1. Insolvency Service to get new power to investigate dissolved company directors, LNB News 12/05/2021 101

  2. Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Bill, LNB News 13/05/2021 10

  3. Insolvency Service targets debt-dodging bosses of firms hit by COVID-19

The legislation surrounding director disqualification applications under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) can be found under:

  1. the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Regulations 1987, SI 1987/2023 (Disqualification Rules 1987)

    and the Practice Direction—Directors Disqualification Proceedings (PDDDP), which was last updated in December 2014. For more information see News Analysis: New practice direction on directors' disqualification

The Civil Procedure Rules (CPR) also apply to director disqualification proceedings, though to the extent that they are inconsistent with the Disqualification Rules, the Disqualification Rules will take precedence. The claim is commenced under Part 8 of the CPR.

For information on when

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