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In the Manlon Trading Ltd (1995)

Summary

Striking out the Official Receiver's application for an order under the Company Directors Disqualification Act 1986 for inordinate and inexcusable delay.

Facts

Appeal by the Official Receiver against the decision, striking out his application under s.6 Company Directors Disqualification Act 1986 against Haroon Abdul Aziz for want of prosecution.

Held

The inherent prejudice on which the judge relied and the additional prejudice of the effect of delay on the memories of witnesses together amounted to serious prejudice. It was sufficiently serious to outweigh the public interest in pursuing the disqualification proceedings to protect the public.

Appeal dismissed.

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Judgment
12 Apr 1995

Court of Appeal
Staughton LJ, Beldam LJ, Peter Givson LJ

References
‚Äč(1995) 3 WLR 839: (1995) 4 All ER 14: (1995) 1 BCLC 578: Times, June 22, 1995

Members
Mark Cunningham QC

Practice areas
Company, Partnerships & LLPs