guidance to liquidators
  period of disqualification
  effect of disqualification
  carecraft orders
  costs
  insolvency act 2000
  statistics
  law library
       

Case Law

A substantial body of case law has arisen since 1986. That is not surprising when you consider the serious impediments to earning an income that a disqualification order can have on an individual.

The fact that a company is insolvent when it goes into liquidation is not a ground for a disqualification order, there must be much much more.

Areas which the court will consider when deciding whether or not to grant a disqualification order will include:

  • Misfeasance or breach of duty
  • Misapplication or retention of company money or property
  • Transactions defrauding creditors
  • Failure to comply with the Companies Acts 1985 and 1989

You may be interested in reading the abridged case law summaries of the following cases concerning disqualification.