| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 465 (Jul) |
| Neutral Citation: | [2005] EWHC 1723 (Ch) |
| Court: | Chancery Division, Companies Court |
| Judge: | David Richards J |
| Representation | Malcolm Davis-White QC and Edmund Nourse (instructed by the Treasury Solicitor) for the Secretary of State. |
| Philip Jones (instructed by Kingsley Napley) for C. | |
| Judgment Dates: | 29 July 2005 |
Catchwords
Company - Director - Disqualification - Evidence - Time for service of evidence - Whether disqualification proceedings should be stayed pending conclusion of criminal trial - , s 8.
The Case
If an applicant were able to satisfy the court that a requirement to file his evidence in disqualification proceedings before the start of a criminal trial would materially prejudice the preparation of his defence or carry a real risk of doing so, it would be oppressive and unfair to require him to file his evidence at that stage, as there was an overriding interest in the fair trial of criminal charges..
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