Disqualifying a Director

In Re Migration Services International Ltd (Ch D TLR 2 December)

The words ‘have regard in particular’ in s9(1) of the Company Directors Disqualification Act 1986 emphasise that the sections set out in Schedule 1 to be taken into account when deciding whether someone should be disqualified set out in Schedule 1 were not intended to be exclusive. Accordingly although a breach of s216 of the Insolvency Act 1986 (preventing unauthorised use of a liquidated company’s name) was not specified in the Schedule it was nevertheless a serious breach of the Insolvency Act which could be taken into account.