Secretary of State for Business Innovation and v Rahman

Company – Directors. Where the appellant (the Secretary of State) had alleged that the sole director of a company had failed to ensure that the company had complied with the Immigration, Asylum and Nationality Act 2006, with the result that it had been fined £30,000 for employing two illegal workers, resulting in its liquidation, the Companies Court held that the deputy district judge had not erred in making a disqualification order for three years, under s 6 of the Company Directors Disqualification Act 1986 (CDDA 1986). He had been entitled to regard the case as falling in the lower bracket of seriousness. Further, the court, in considering preliminary issues, held, among other things, that appeal decisions, which gave guidance on which bracket of disqualification was appropriate ought to be followed by an inferior court, and that there should be no difference between the principles applicable to determining the appropriate period for disqualification under s 2 of CDDA 1986, and those applicable under s 6 of that Act.

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