Spencer Michael v (1) the Official Receiver (2) Secretary of State for Business, Innovation and Skills

Spencer Michael v (1) the Official Receiver (2) Secretary of State for Business, Innovation and Skills

There is no basis for a declaration of incompatibility with Article 6 ECHR as the statutory scheme for IBRO provides judicial oversight, requires cogent evidence, and does not infringe Article 6 rights; applicant lacks standing; declaration of incompatibility is not appropriate without first attempting...

Source-derived case information.

Parties
Applicant: Spencer Michael; Respondent: The Official Receiver; Respondent: The Secretary of State for Business, Innovation and Skills
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Application / Judgment
Outcome
Application dismissed; permission to appeal refused.
Legal Topics
Bankruptcy Restrictions Order, Interim Bankruptcy Restrictions Order, Declaration of Incompatibility, Article 6 ECHR, Company Directors Disqualification
Insolvency Human Rights Bankruptcy Restrictions Order Interim Bankruptcy Restrictions Order Declaration of Incompatibility Article 6 ECHR Company Directors Disqualification

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Parties

Spencer Michael

Applicant

The Official Receiver

Respondent

The Secretary of State for Business, Innovation and Skills

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether Schedule 4A paragraph 5(2) of the Insolvency Act 1986 and section 11 of the Company Directors Disqualification Act 1986 are incompatible with Article 6 ECHR
  2. 2 Whether the applicant has standing to seek a declaration of incompatibility
  3. 3 Whether the statutory scheme for IBRO infringes Article 6 rights

Ratio Decidendi

There is no basis for a declaration of incompatibility with Article 6 ECHR as the statutory scheme for IBRO provides judicial oversight, requires cogent evidence, and does not infringe Article 6 rights; applicant lacks standing; declaration of incompatibility is not appropriate without first attempting Convention-compliant interpretation.

Court Disposition

Application dismissed; permission to appeal refused.

Orders

  • Application for declaration of incompatibility dismissed.
  • Application for permission to appeal refused.