The Secretary of State for Business, Enterprise & Regulatory Reform v Meade [2011] EWHC 4091 (Ch) (2 August 2011)

The Secretary of State for Business, Enterprise & Regulatory Reform v Meade [2011] EWHC 4091 (Ch) (2 August 2011)

Mr Meade failed to demonstrate that his continued presence as director of Hadleigh Partners Limited is critical to the group's survival or banking facilities. The risk of recurrence of the conduct leading to disqualification remains. However, a short, limited section 17 permission is granted to allow for transition and arrangements with the bank.

Citation
[2011] EWHC 4091 (Ch)
Parties
Claimant: The Secretary of State for Business, Enterprise & Regulatory Reform; Defendant: Meade
Jurisdiction
England and Wales
Judgment Date
02 August 2011
Procedural Posture
Company Directors Disqualification Act 1986 Application / Application for Leave Under Section 17 Following Disqualification Order
Outcome
Section 17 leave granted for a limited period; application to postpone disqualification order refused.
Legal Topics
Director Disqualification, Section 17 Leave to Act as Director, Banking Facilities, Corporate Governance
Company Law Insolvency Law Director Disqualification Section 17 Leave to Act as Director Banking Facilities Corporate Governance

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Parties

The Secretary of State for Business, Enterprise & Regulatory Reform

Claimant

Meade

Defendant

Procedural Posture

Company Directors Disqualification Act 1986 Application / Application for Leave Under Section 17 Following Disqualification Order

Legal Issues

  1. 1 Whether Mr Meade should be granted leave under section 17 of the Company Directors Disqualification Act 1986 to act as director of Hadleigh Partners Limited despite a disqualification order
  2. 2 Whether the disqualification order should be postponed in taking effect

Ratio Decidendi

Mr Meade failed to demonstrate that his continued presence as director of Hadleigh Partners Limited is critical to the group's survival or banking facilities. The risk of recurrence of the conduct leading to disqualification remains. However, a short, limited section 17 permission is granted to allow for transition and arrangements with the bank.

Court Disposition

Section 17 leave granted for a limited period; application to postpone disqualification order refused.

Orders

  • Mr Meade granted section 17 permission to act as director of Hadleigh Partners Limited for a short, specified period to arrange transition.
  • No postponement of the disqualification order's effect.