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16 December 2010
Issue: 7446 / Categories: Case law , Law digest
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Directors

Secretary of State for Business, Innovation and Skills v Doffman and another Re Stakefield (Midlands) Ltd and other companies [2010] EWHC 3175 (Ch), [2010] All ER (D) 89 (Dec)

It was established that the test under s 6 of the Company Directors Disqualification Act 1986 was whether the person’s conduct as a director of the company or companies in question made him unfit to be concerned in the management of a company. Those were ordinary words which would ordinarily be simple to apply.

When considering whether a person’s conduct made him unfit to be concerned in the management of a company, the court was required by s 9 of the 1986 Act to have regard to the matters listed in Sch 1 to the 1986 Act. That list, however, was not an exhaustive list of the matters which might be taken into account in determining unfitness. The burden of proof in alleging unfitness rested on the Secretary of State, and was the ordinary civil standard.
 

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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