How to appeal a civil directors' disqualification order

Copyright © 2025 LexisNexis
Produced in partnership with Sarah Clarke of Gatehouse Chambers and
Practice notes

How to appeal a civil directors' disqualification order

Copyright © 2025 LexisNexis

Produced in partnership with Sarah Clarke of Gatehouse Chambers and

Practice notes
imgtext

This Practice Note deals with appeals against orders made in Directors’ Disqualification proceedings in England and Wales.

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. For further information, see Practice Note: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings. For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

Statutory provisions and rules of court

Appeals and reviews of orders made under provisions of the Company Directors Disqualification Act 1986 (CDDA 1986) are not governed by a single set of procedural rules and may fall within the procedures set out in the Civil Procedure Rules (CPR) or the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024.

Paragraph 32 of the Practice Direction: Directors Disqualification Proceedings (PDDDP) offers some guidance on which rules apply, however, at the time of writing, the practice direction has not

Sarah Clarke
Sarah Clarke

Gatehouse Chambers

Sarah is a commercial chancery barrister specialising in company, insolvency and commercial litigation.
Through her insolvency practice Sarah has gained extensive experience and detailed procedural knowledge of all aspects of administration, voluntary arrangement, liquidation and bankruptcy, from the inception of proceedings to the conclusion of the insolvency process. She has advised and represented creditors, insolvency practitioners, individual debtors, companies, partnerships, limited partnerships and LLPs. Her practice includes claims concerning
• transaction avoidance,
• fraudulent and wrongful trading,
• misfeasance,
• director’s disqualification.

Her company law practice is built on providing advice and representation to companies, officeholders and members in relation to:
• shareholder disputes and unfair prejudice petitions
• claims arising from breaches of directors’ duties,
• directors’ disqualification,
• unlawful dividends,
• the enforceability of securities

Sarah also has experience of a wide spectrum of commercial litigation, with particular emphasis on disputes concerning the interpretation of contracts and the application of consumer credit law.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Appeal definition
What does Appeal mean?

The process by which an employee appeals the decision of an employer (for example following a termination or disciplinary hearing) or Court or Tribunal.

Read more readmore

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application