||All England Reporter
|| All ER (D) 298 (Apr)
Thomas Ivory QC sitting as a deputy High Court judge
||Edward Bannister QC (instructed by Edwin Coe) for the defendants.
||Guy Newey QC and Andrew Westwood (instructed by Howes Percival) for the Secretary of State.
||22 April 2008
Company - Director - Disqualification - Evidence - Admissibility - Whether evidence, findings of fact, opinion and conclusion made in report to Secretary of State prior to issuance of proceedings admissible.
The principle in Re Armvent Ltd that the court was entitled to look at the material on which the Secretary of State took the decision to commence the proceedings for winding-up applied equally to directors' disqualification proceedings. It was not limited to hearsay evidence, but extended to findings of primary and secondary fact and to evaluative judgments. It was however concerned with admissibility, not the weight of the evidence as such.
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