Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disqualification definition

What does Disqualification mean? Disqualification, in corporate and insolvency practice, is a ban that prevents an individual from acting as a company director or from being concerned in the promotion, formation or management of a company for a set period, unless the court grants leave. In England & Wales and Scotland, director disqualification is governed by the Company Directors Disqualification Act 1986. Disqualification orders (or disqualification undertakings given without court proceedings) are typically obtained by the Insolvency Service on behalf of the Secretary of State for Business and Trade, by the Official Receiver, or by the Competition and Markets Authority (for competition disqualification). Grounds...

Procedural issues in CDDA 1986 s 6 disqualification: disclosure, transfer, undertakings and Carecraft, publicity, setting aside and variation, and costs (England and Wales)

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Disclosure

Under the Part 8 route, there is generally no formal, standard obligation to disclose documents. Accordingly, a party to director Disqualification proceedings need not give disclosure unless specifically directed to do so, or where the material is cited or identified in their written evidence. If disclosure is sought from the Secretary of State (SoS), that request does not extend to items not in their personal possession, even where such records are held by the insolvency practitioner (IP) or another third party. Any disclosure from those holders must instead be pursued separately and directly from them. In keeping with their duty of fairness, the SoS will, as a matter of course, disclose all that they are able to, and, where available, will always exhibit documentary proof of anything relied upon in their affidavit. If, in the course of an investigation, the SoS obtains documents from third parties, they will, upon request, likewise provide the defendant with copies of that supporting material...

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Giselle McGowan

Serle Court

Giselle McGowan has a commercial chancery practice with a particular emphasis on insolvency and indirect tax litigation. Giselle is regularly instructed by office-holders, directors, creditors and/or debtors in a variety of personal and corporate insolvency matters including disputed petitions, misfeasance, breach of duty and wrongful and fraudulent trading claims and applications to set aside antecedent transactions. As Junior Counsel to the Crown, B Panel, Giselle is frequently instructed by HMRC and BEIS in insolvency, director disqualification and indirect tax matters. Prior to joining the independent bar, Giselle was an employed barrister at HMRC Solicitor’s Office, working in the Enforcement and Insolvency and VAT teams....

Web page updated on 22/05/2026

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