Secretary of State for Business, Innovation and Skills v Gifford & Ors

Secretary of State for Business, Innovation and Skills v Gifford & Ors

Permission to bring disqualification proceedings out of time is granted where the delay is reasonably explained, the allegations are serious, the case is coherent and reasonably strong, and no compelling specific prejudice to the defendants outweighs the public interest in proceeding.

Parties
Claimant: Secretary of State for Business, Innovation and Skills; First Defendant: Maria Helena Gifford; Second Defendant: Lumley Management Limited; Third Defendant: Bradley John Rosser; Fourth Defendant: James Bernard Moore
Jurisdiction
England and Wales
Judgment Date
21 November 2011
Procedural Posture
Company Directors Disqualification Application / Application for Permission to Bring Disqualification Proceedings Out of Time
Outcome
permission granted
Legal Topics
Directors' Disqualification, Public Interest Litigation, Delay and Limitation, Corporate Governance
Company Law Insolvency Law Directors' Disqualification Public Interest Litigation Delay and Limitation Corporate Governance

Case Brief

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Parties

Secretary of State for Business, Innovation and Skills

Claimant

Maria Helena Gifford

First Defendant

Lumley Management Limited

Second Defendant

Bradley John Rosser

Third Defendant

James Bernard Moore

Fourth Defendant

Procedural Posture

Company Directors Disqualification Application / Application for Permission to Bring Disqualification Proceedings Out of Time

Legal Issues

  1. 1 Whether the court should grant permission under section 7(2) of the Company Directors Disqualification Act 1986 to bring disqualification proceedings after the statutory two-year period has expired
  2. 2 Whether the delay in bringing proceedings is justified
  3. 3 Whether the case against each defendant is sufficiently strong to warrant permission

Ratio Decidendi

Permission to bring disqualification proceedings out of time is granted where the delay is reasonably explained, the allegations are serious, the case is coherent and reasonably strong, and no compelling specific prejudice to the defendants outweighs the public interest in proceeding.

Court Disposition

permission granted

Orders

  • Permission is granted to the Secretary of State to bring disqualification proceedings against all four defendants out of time.