||All England Reporter
|| All ER (D) 60 (Dec)
||Philip Gillyon (instructed by Treasury Solicitor) for the Secretary of State.
||The defendant appeared in person.
||5 December 2001
Company - Director - Disqualification - Pre-trial review - Secretary of State seeking disqualification of defendant directors - Defendants previously bringing an action for wrongful dismissal - Whether defendants could challenge allegations of fact made against them in wrongful dismissal proceedings in disqualification proceedings.
In the pre-trial review arising in disqualification proceedings instigated by the Secretary of State, the court ruled that the defendant directors could not challenge the allegations of fact made against them, which had been ruled on by a judge in the wrongful dismissal proceedings, as a re-trial of the facts would not be in the interests of justice.
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