How to appeal a civil directors' disqualification order
Produced in partnership with Sarah Clarke of Hardwicke Chambers and Sri Carmichael of Hardwicke Chambers
How to appeal a civil directors' disqualification order

The following Restructuring & Insolvency guidance note Produced in partnership with Sarah Clarke of Hardwicke Chambers and Sri Carmichael of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • How to appeal a civil directors' disqualification order
  • Coronavirus (COVID-19)
  • Statutory provisions and rules of court
  • Disqualification appeals subject to the Insolvency (England and Wales) Rules 2016
  • Disqualification appeals subject to the CPR
  • Disqualification appeals subject to other provisions
  • The Appeal Procedure under the CPR and the IR 2016
  • Substance—what will an appeal court take into account?
  • A question of mixed law and fact
  • Admissibility of new evidence in an appeal
  • more

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, including the introduction of the Temporary Insolvency Practice Direction 2020 that came into force on 6 April 2020. For further information, see Practice Notes: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings and The Temporary Insolvency Practice Direction (April 2020). 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 been updated to reflect the substantial changes made to CDDA 1986 by the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015).

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