Secretary Of State For Trade & Industry v Campleman & Ors [1998] ScotCS 40 (28 October 1998)

Secretary Of State For Trade & Industry v Campleman & Ors [1998] ScotCS 40 (28 October 1998)

The statutory two-year period under section 7(2) of the Company Directors Disqualification Act 1986 runs from the date of the court's initial winding up order, and an application is made when the petition is presented to the court. The present petitions were presented within the statutory period and are therefore competent.

Citation
[1998] ScotCS 40
Parties
Petitioner: Secretary of State for Trade and Industry; Respondent: Joseph Henry Campleman; Respondent: Charles McFaull Campleman; Respondent: Elizabeth Campleman; Respondent: Claire Campleman
Jurisdiction
Scotland
Judgment Date
28 October 1998
Procedural Posture
Petition / Procedure Roll Hearing on Preliminary Plea to Competency (statutory Time Bar)
Outcome
preliminary plea to competency repelled; applications held competent
Legal Topics
Director Disqualification, Statutory Time Bar, Insolvency Date Determination
Company Law Insolvency Law Director Disqualification Statutory Time Bar Insolvency Date Determination

Case Brief

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Parties

Secretary of State for Trade and Industry

Petitioner

Joseph Henry Campleman

Respondent

Charles McFaull Campleman

Respondent

Elizabeth Campleman

Respondent

Claire Campleman

Respondent

Procedural Posture

Petition / Procedure Roll Hearing on Preliminary Plea to Competency (statutory Time Bar)

Legal Issues

  1. 1 What is the relevant date for determining the statutory time bar under section 7(2) of the Company Directors Disqualification Act 1986?
  2. 2 Is the application for disqualification out of time?

Ratio Decidendi

The statutory two-year period under section 7(2) of the Company Directors Disqualification Act 1986 runs from the date of the court's initial winding up order, and an application is made when the petition is presented to the court. The present petitions were presented within the statutory period and are therefore competent.

Court Disposition

preliminary plea to competency repelled; applications held competent

Orders

  • Repel first plea-in-law relating to competency in each case.
  • Put the case out By Order 14 days from the date of hearing to determine future procedure.