Director Loses Disqualification Cancellation Case
Secretary of State for Trade and Industry v Eastaway (No 2)
CA
Weekly Law Notes Summary
10 May 2006
A company director against whom disqualification proceedings were pending was not entitled to have an undertaking made under the Carecraft procedure (see In re Carecraft Construction Co Ltd [1994] 1 WLR 172) set aside and the disqualification proceedings dismissed on the ground that the Strasbourg court had concluded that his civil rights and obligations had not been determined within a reasonable time pursuant to art 6 of the Convention.
The Court of Appeal so stated when dismissing the appeal of Nigel Antony Eastaway, the director, from the decision of Lightman J EWHC [2006] 299 (Ch); [2006] 2 BCLC 489 rejecting his application for the dismissal of disqualification proceedings brought against him by the Secretary of State for Trade and Industry and the setting aside of the undertaking given by him in May 2001 not to act as a director for 4 ½ years.