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

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Practice notes

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

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes
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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

Note also that directors of dissolved companies that have not been through an insolvency process can also be disqualified under the Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021, though such disqualifications fall outside the scope of this Practice Note.

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 proceedings under CDDA 1986, s 6 can be brought, and by whom, see Practice Notes:

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Jurisdiction(s):
United Kingdom
Key definition:
Directors definition
What does Directors mean?

A director of a company is responsible for the day-to-day management of that company. The directors make decisions on behalf of the company in order that it can carry on its business.

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