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St Pauls Counsel in novel Director Disqualification decision

The High Court decision in Secretary of State for Innovation & Skills v PP [2015] EWHC 2626 (Ch) has recently been published.  Click here to read the full decision of HH Judge Hodge QC sitting as a High Court Judge.

 In this case, Jeremy Barnett represented a Chartered Accountant who was the main director of 9 companies which had been wound up in the public interest. The companies had been formed as a vehicle for the promotion of recovery schemes, following the collapse of a number of landbanking collective investment schemes.

The case was highly unusal as it was brought under s8 of the Company Director Disqualification Act 1986 rather than S 6. This is a discretionary power arises in limited circumstances, where the usual allegations of trading whilst insolvent without sufficient regard to the creditors ( in particular HMRC) does not need to be made out.

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