Disqualification under section 6 of the Company Directors Disqualification Act 1986—the process and procedure: Part 2—the evidence
Disqualification under section 6 of the Company Directors Disqualification Act 1986—the process and procedure: Part 2—the evidence

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

  • Disqualification under section 6 of the Company Directors Disqualification Act 1986—the process and procedure: Part 2—the evidence
  • The claimant's evidence
  • The defendant's evidence
  • Claimant's reply evidence
  • Hearsay evidence

Since 25 April 2017, it has been mandatory to use electronic filing (e-filing) in all jurisdictions of the Rolls Building, which includes the Insolvency and Companies List (formerly the Bankruptcy and Companies Courts of the Chancery Division). Since that date, it is no longer possible to issue claims or applications, or to file documents, on paper—instead all issuings and filings must be made online using the CE-File website. For further reading, see News Analysis: E-filing at the Rolls Building: some practical considerations for R&I lawyers. The extension of e-filing to the Business and Property Courts outside of London occurs from 25 February 2019, with the issue of all new proceedings becoming mandatory for professional users from 30 April 2019. For further reading, see News Analysis: CE-File extended to Business and Property Courts out of London (LNB News 13/02/2019 34).

The claimant's evidence

An application for a disqualification order must be supported by written evidence. That evidence should be by affidavit, except where the Official Receiver (OR) is a party, in which case, their evidence may be in the form of a written report (with or without affidavits by other persons) which shall be treated as if it had been verified by affidavit by them. See the Practice Direction at para 8. For an example see: Form 12 Affidavit by Chief Examiner