Secretary Of State For Trade & Industry v Eastaway [2001] EWCA Civ 1595 (13 September 2001)

Secretary Of State For Trade & Industry v Eastaway [2001] EWCA Civ 1595 (13 September 2001)

The Secretary of State acts lawfully in refusing to accept a disqualification undertaking that does not include a schedule of unfit conduct, as the statutory scheme permits him to consider the desirability of such a schedule when determining whether acceptance is expedient in the public interest. There is no statutory requirement to accept a 'bare' undertaking, nor is the practice incompatible with Article 6 ECHR.

Citation
[2001] EWCA Civ 1595
Parties
Respondent/claimant: The Secretary of State for Trade and Industry; Appellant/defendant: Nigel Anthony Eastaway
Jurisdiction
England and Wales
Judgment Date
13 September 2001
Procedural Posture
Appeal (civil) / Appeal From High Court (chancery Division, Companies Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Company Directors Disqualification, Disqualification Undertakings, Judicial Review, Statutory Interpretation, Human Rights (article 6 Echr)
Company Law Insolvency Law Administrative Law Company Directors Disqualification Disqualification Undertakings Judicial Review Statutory Interpretation Human Rights (article 6 Echr)

Case Brief

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Parties

The Secretary of State for Trade and Industry

Respondent/claimant

Nigel Anthony Eastaway

Appellant/defendant

Procedural Posture

Appeal (civil) / Appeal From High Court (chancery Division, Companies Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State may lawfully refuse to accept a disqualification undertaking that does not include a schedule of unfit conduct.
  2. 2 Whether the Secretary of State's practice of requiring a schedule of unfit conduct is ultra vires or unlawful under the Company Directors Disqualification Act 1986 as amended.
  3. 3 Whether such a practice is incompatible with Article 6 of the European Convention on Human Rights.

Ratio Decidendi

The Secretary of State acts lawfully in refusing to accept a disqualification undertaking that does not include a schedule of unfit conduct, as the statutory scheme permits him to consider the desirability of such a schedule when determining whether acceptance is expedient in the public interest. There is no statutory requirement to accept a 'bare' undertaking, nor is the practice incompatible with Article 6 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Refusal of permission to amend grounds of appeal to raise new case-specific arguments.
  • Disqualification undertaking (with schedule of unfit conduct) remains in force.