The Secretary of State for Trade and Industry v Jonkler & Anor

The Secretary of State for Trade and Industry v Jonkler & Anor

Special circumstances existed because the Secretary of State discontinued proceedings against the actual perpetrator of the alleged misconduct, leaving only the applicant, who had no active role in the company's insolvency, subject to disqualification. There was no continuing public interest in maintaining the undertaking, and the court exercised its discretion to order that the undertaking cease to be in force.

Parties
Claimant/respondent: The Secretary of State for Trade and Industry; First Defendant: Joseph Oswald Jonkler; Second Defendant/applicant: Judith Spencer-Jonkler
Jurisdiction
England and Wales
Judgment Date
10 February 2006
Procedural Posture
Company Directors Disqualification Application / Application Under Section 8 a of the Company Directors Disqualification Act 1986 to Cease Effect of Disqualification Undertaking
Outcome
Application granted
Legal Topics
Director Disqualification, Disqualification Undertakings, Variation or Cessation of Undertakings, Public Interest in Director Disqualification
Company Law Insolvency Law Director Disqualification Disqualification Undertakings Variation or Cessation of Undertakings Public Interest in Director Disqualification

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

The Secretary of State for Trade and Industry

Claimant/respondent

Joseph Oswald Jonkler

First Defendant

Judith Spencer-Jonkler

Second Defendant/applicant

Procedural Posture

Company Directors Disqualification Application / Application Under Section 8 a of the Company Directors Disqualification Act 1986 to Cease Effect of Disqualification Undertaking

Legal Issues

  1. 1 Whether the court should order that the disqualification undertaking given by Judith Spencer-Jonkler should cease to be in force under section 8A of the Company Directors Disqualification Act 1986
  2. 2 Whether the applicant can resile from agreed facts in the schedule to the undertaking
  3. 3 What principles govern the exercise of the court's discretion under section 8A

Ratio Decidendi

Special circumstances existed because the Secretary of State discontinued proceedings against the actual perpetrator of the alleged misconduct, leaving only the applicant, who had no active role in the company's insolvency, subject to disqualification. There was no continuing public interest in maintaining the undertaking, and the court exercised its discretion to order that the undertaking cease to be in force.

Court Disposition

Application granted

Orders

  • The disqualification undertaking given by Judith Spencer-Jonkler shall cease to be in force.