Secretary of State for Business, Innovation & Skills v Chohan & Ors

Secretary of State for Business, Innovation & Skills v Chohan & Ors

The Secretary of State's case, as clarified in responses to formal requests and by reference to the FSA's letter and supporting affidavit, was sufficiently clear to enable Mr Walter to respond to the disqualification application. No further order for clarification or particulars was required.

Parties
Claimant: Secretary of State for Business, Innovation & Skills; Defendant: Mr Baljinder Chohan & Others
Jurisdiction
England and Wales
Judgment Date
05 May 2011
Procedural Posture
Disqualification Application Under Company Directors Disqualification Act 1986 / Interlocutory Application for Clarification of Case Against Fifth Respondent
Outcome
Application refused
Legal Topics
Director Disqualification, Collective Investment Schemes, Procedural Fairness, Disclosure of Grounds, Unfitness of Directors
Company Law Insolvency Law Financial Regulation Director Disqualification Collective Investment Schemes Procedural Fairness Disclosure of Grounds Unfitness of Directors

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Parties

Secretary of State for Business, Innovation & Skills

Claimant

Mr Baljinder Chohan & Others

Defendant

Procedural Posture

Disqualification Application Under Company Directors Disqualification Act 1986 / Interlocutory Application for Clarification of Case Against Fifth Respondent

Legal Issues

  1. 1 Whether the Secretary of State's case against Mr Walter is sufficiently clear to enable him to respond to the disqualification application
  2. 2 Whether further clarification or particulars of the grounds of alleged unfitness are required
  3. 3 Whether the evidence and grounds of unfitness comply with procedural requirements

Ratio Decidendi

The Secretary of State's case, as clarified in responses to formal requests and by reference to the FSA's letter and supporting affidavit, was sufficiently clear to enable Mr Walter to respond to the disqualification application. No further order for clarification or particulars was required.

Court Disposition

Application refused

Orders

  • Application for further clarification or particulars of the grounds of unfitness is refused
  • No order striking out the allegations or granting summary judgment was made as such application was not pursued at the hearing