Secretary of State for Trade & Industry v Vohora & Anor [2007] EWHC 2656 (Ch) (15 November 2007)

Secretary of State for Trade & Industry v Vohora & Anor [2007] EWHC 2656 (Ch) (15 November 2007)

For the purposes of Section 7(2) of the Company Directors Disqualification Act 1986, the application was 'brought' within the limitation period because the claim form and request were received by the court on 26th April 2004, as provided by the Practice Direction to Part 7, para 5.1, which qualifies CPR 7.2 for limitation purposes.

Citation
[2007] EWHC 2656 (Ch)
Parties
Claimant/respondent: The Secretary of State for Trade and Industry; Defendant/appellant: Rajesh Vohora; Defendant/appellant: Shailja Vohora
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Appeal / Judgment on Appeal From Registrar's Decision
Outcome
Appeal dismissed
Legal Topics
Directors' Disqualification, Limitation Periods, Commencement of Proceedings
Company Law Civil Procedure Directors' Disqualification Limitation Periods Commencement of Proceedings

Case Brief

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Parties

The Secretary of State for Trade and Industry

Claimant/respondent

Rajesh Vohora

Defendant/appellant

Shailja Vohora

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Registrar's Decision

Legal Issues

  1. 1 Whether the application for a disqualification order was made within the statutory two-year limitation period under Section 7(2) of the Company Directors Disqualification Act 1986
  2. 2 Whether the date of 'issue' of the claim form is the date of receipt by the court or the date the court processes and stamps the claim form

Ratio Decidendi

For the purposes of Section 7(2) of the Company Directors Disqualification Act 1986, the application was 'brought' within the limitation period because the claim form and request were received by the court on 26th April 2004, as provided by the Practice Direction to Part 7, para 5.1, which qualifies CPR 7.2 for limitation purposes.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.