The law makes provision for anyone subject to a Director Disqualification Order by virtue of a Disqualification Undertaking to apply to the court for its variation or even provide for it to cease to be in force. 

Tim Thompson of Kangs Solicitors briefly discusses this possibility. 

The Law | Kangs Company Directors Disqualification Team 

Section 8A The Company Directors Disqualification Act 1986 (‘the Act’) provides:

 (1) The court may, on the application of a person who is subject to a disqualification undertaking—

(a) reduce the period for which the undertaking is to be in force, or

 (b) provide for it to cease to be in force.

(2) On the hearing of an application under subsection (1), the Secretary of State shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.

Considerations | Kangs Director Disqualification Solicitors

When applying to the court for a Director’s Undertaking to cease to be in force, it is important to note the prerequisite that it has to have been less than two years since it was entered into.

In the reported case of Re INS Realisations Ltd, Secretary of State for Trade and Industry v Jonkler and Spencer-Jonkler [2006] 1WLR 3433, the Judge held that the court should only interfere with an undertaking where special circumstances existbeing:

‘…..where circumstances have subsequently arisen which, by reason of their type or gravity, were not circumstances which were intended to be covered or ought to have been foreseen at the time the undertaking was given.’

How Can We Help? | Kangs Company Director Disqualification Team

The team at Kangs Solicitors is experienced in helping clients follow the strict guidelines under the Civil Procedure Rules that have to be followed when seeking any variation of a Disqualification Order.

We will: 

  • advise you on the merits of your claim.
  • assist you in the preparation of the necessary Affidavit and supporting evidence bundle.
  • prepare the paperwork required to issue the claim and commence proceedings.
  • provide effective representation for Court proceedings.

Who To Contact? | Kangs Director Disqualification Solicitors

If you require any advice and support in any matter involving Director Disqualification Proceedings, please contact our Team through any of the following who will be happy to provide you with some initial advice. 

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Stuart Southall
ssouthall@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396