HM Secretary of State For Business, Innovation and Skills, Re A DISQ Order in Terms of the Companies Directors Disqualification [2013] ScotCS CSOH_86 (31 May 2013)

HM Secretary of State For Business, Innovation and Skills, Re A DISQ Order in Terms of the Companies Directors Disqualification [2013] ScotCS CSOH_86 (31 May 2013)

Respondent's sustained inactivity and abdication of all responsibility as director over 18 years, including during company's insolvency and tax defaults, constitutes unfitness under section 6 of the Act; illness and attempted resignation do not excuse failure to discharge duties.

Source-derived case information.

Citation
[2013] ScotCS CSOH_86
Parties
Petitioner: Her Majesty's Secretary of State for Business, Innovation and Skills; Respondent: Ferdousi Reza
Jurisdiction
Scotland
Judgment Date
31 May 2013
Procedural Posture
Petition for Disqualification Order / Final Judgment
Outcome
disqualification order granted
Legal Topics
Director's Duties, Disqualification, Public Interest, Incompetence Vs Dishonesty
Company Law Insolvency Law Director's Duties Disqualification Public Interest Incompetence Vs Dishonesty

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Parties

Her Majesty's Secretary of State for Business, Innovation and Skills

Petitioner

Ferdousi Reza

Respondent

Procedural Posture

Petition for Disqualification Order / Final Judgment

Legal Issues

  1. 1 Whether respondent's conduct as director makes her unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986
  2. 2 Whether illness or lack of involvement excuses failure to discharge director's duties

Ratio Decidendi

Respondent's sustained inactivity and abdication of all responsibility as director over 18 years, including during company's insolvency and tax defaults, constitutes unfitness under section 6 of the Act; illness and attempted resignation do not excuse failure to discharge duties.

Court Disposition

disqualification order granted

Orders

  • Respondent disqualified from acting as director for two years