Disqualification under section 6 of the Company Directors Disqualification Act 1986—the process and procedure: Part 3—procedural issues and Undertakings and Carecraft settlements
Disqualification under section 6 of the Company Directors Disqualification Act 1986—the process and procedure: Part 3—procedural issues and Undertakings and Carecraft settlements

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 3—procedural issues and Undertakings and Carecraft settlements
  • Miscellaneous procedural points
  • Undertakings and compromises

Miscellaneous procedural points

Disclosure

There is normally no formal standard requirement for disclosure of documents under the Part 8 procedure. A party to disqualification proceedings is not, therefore, required to disclose documents unless they are specifically ordered to do so, or these are referred to in their written evidence.

If the Secretary of State (SoS) is asked to provide disclosure, this does not extend to documents which are not held by them personally, but may be with the insolvency practitioner (IP) or another third party. Disclosure would need to be sought separately directly from those parties.

The SoS will inevitably disclose everything that they are able to, in accordance with their duty of fairness, and will always produce documentary evidence of anything that they rely on in their affidavit if it is available.

In practice, the majority of the relevant documents will be company documents, such as accounts and correspondence, etc. These will usually still be stored by the IP appointed. The SoS will usually visit the IP's office and take away any relevant photocopies. The defendant is entitled to do the same. However, the SoS will usually ask that any visit be supervised (either by a SoS representative, or by the IP/member of his staff) to ensure there can be no risk of any documents disappearing, or finding their way into