An unopposed application by the Secretary of State for Business, Innovation and Skills for a disqualification order under section 6, Company Directors Disqualification Act 1986. The misconduct of the respondent was principally a failure to maintain sufficient supervision and control; she did not have sufficient knowledge of the company's affairs and failed to challenge an unacceptable practice. As a result she was disqualified for two years.
Lord Hodge held; i) a policy of non-payment of HMRC debts for a prolonged period without the consent of HMRC will almost always amount to misconduct and a finding of unfitness; ii) when deciding on an appropriate period of disqualification the court must take into account the facts of particular case, including the individual director's role in the management of the company. Where the application is undefended, the court must consider those circumstances as revealed in the petition and documents provided by the representative of the Secretary of State.
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