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

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

  • How to appeal a civil directors' disqualification order
  • 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
  • Exercise of discretion
  • more

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

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).

Disqualification appeals subject to the Insolvency (England and Wales) Rules 2016

CDDA 1986, s 21 specifies various sections that are deemed to be part of the Insolvency Act 1986 (IA 1986) for certain purposes, including (via the reference to IA 1986, s 411): Re Tasbian Ltd (No. 2).

As a result, the procedure for appeals and reviews contained in IR 2016, SI 2016/1024 applies to orders made under the following sections of the CDDA 1986:

  1. CDDA 1986, s 5A (disqualification for certain convictions abroad)

  2. CDDA 1986, s 6 (disqualification of unfit directors of insolvent companies)

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