Buckley v Secretary of State for Business, Energy and Industrial Strategy

Company – Director – Disqualification – Procedure. Court of Session: In an application for leave under s 17 of the Company Directors Disqualification Act 1986 to act as a director in respect of a specified company, the petitioner having granted a disqualification undertaking of 3½ years'duration which was shortly to come into effect, the court held that an application for leave under s 17(5) required a hearing and the Secretary of State's attendance was required at the hearing; the court declined to use the wording imposing conditions in the proposed order granting leave as it considered that that form of words was incompetent.

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