The Secretary of State for Business, Enterprise & Regulatory Reform v Meade

The Secretary of State for Business, Enterprise & Regulatory Reform v Meade

Mr Meade failed to demonstrate that his continued presence as director is critical to the survival of Hadleigh Partners Limited or its subsidiaries, or to the maintenance of banking facilities. The risk of recurrence of conduct leading to disqualification remains. Limited leave under section 17 is granted for a short period to allow transition.

Parties
Claimant: Secretary of State for Business, Enterprise & Regulatory Reform; Defendant: Meade
Jurisdiction
England and Wales
Judgment Date
02 August 2011
Procedural Posture
Disqualification Application / Judgment on Section 17 Application
Outcome
Section 17 leave granted for a limited period; application for postponement of disqualification order refused.
Legal Topics
Director Disqualification, Section 17 Leave, Banking Facilities, Management of Companies
Company Law Insolvency Director Disqualification Section 17 Leave Banking Facilities Management of Companies

Case Brief

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Parties

Secretary of State for Business, Enterprise & Regulatory Reform

Claimant

Meade

Defendant

Procedural Posture

Disqualification Application / Judgment on Section 17 Application

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
  2. 2 Whether postponement of the disqualification order is justified

Ratio Decidendi

Mr Meade failed to demonstrate that his continued presence as director is critical to the survival of Hadleigh Partners Limited or its subsidiaries, or to the maintenance of banking facilities. The risk of recurrence of conduct leading to disqualification remains. Limited leave under section 17 is granted for a short period to allow transition.

Court Disposition

Section 17 leave granted for a limited period; application for postponement of disqualification order refused.

Orders

  • Mr Meade granted leave under section 17 to act as director of Hadleigh Partners Limited for a short period to arrange transition.
  • No postponement of the disqualification order.