Secretary Of State For Trade And Industry v. Coakley [2006] ScotCS CSIH_40 (12 July 2006)

Secretary Of State For Trade And Industry v. Coakley [2006] ScotCS CSIH_40 (12 July 2006)

The Lord Ordinary did not err in exercising discretion regarding procedure, did not repel preliminary pleas, did not prejudge public interest issues, and no apparent bias was demonstrated; the reclaiming motion is refused.

Citation
[2006] ScotCS CSIH_40
Parties
Petitioner and Respondent: Her Majesty's Secretary of State for Trade and Industry; Respondent and Reclaimer: Edward Coakley
Jurisdiction
Scotland
Judgment Date
12 July 2006
Procedural Posture
Reclaiming Motion / Appeal Against Interlocutor Dated 14 February 2006
Outcome
reclaiming motion refused
Legal Topics
Director Disqualification, Procedural Discretion, Public Interest, Apparent Bias
Company Law Civil Procedure Director Disqualification Procedural Discretion Public Interest Apparent Bias

Case Brief

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Parties

Her Majesty's Secretary of State for Trade and Industry

Petitioner and Respondent

Edward Coakley

Respondent and Reclaimer

Procedural Posture

Reclaiming Motion / Appeal Against Interlocutor Dated 14 February 2006

Legal Issues

  1. 1 Whether the Lord Ordinary erred in refusing further adjustment period
  2. 2 Whether preliminary pleas were repelled
  3. 3 Whether the Lord Ordinary prejudged public interest issues

Ratio Decidendi

The Lord Ordinary did not err in exercising discretion regarding procedure, did not repel preliminary pleas, did not prejudge public interest issues, and no apparent bias was demonstrated; the reclaiming motion is refused.

Court Disposition

reclaiming motion refused

Orders

  • proceedings remitted to the Lord Ordinary who pronounced the interlocutor of 14 February 2006