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High Court grants relief from disqualification to applicants who had been deemed disqualified as directors for failure to notify the Registrar of Companies that they were subject of disqualification in England and Wales, on the grounds that: (a) the failure to notify the Registrar of Companies had not been intentional; and (b) adequate measures had been taken in order to ensure proper compliance with competition law and company law.
Company law – directors - disqualification order – applicants subject to disqualification undertakings given under the law of another state – disqualification undertakings given in England & Wales – applicants granted leave by English High Court to continue to act as directors - failure to notify the Registrar of Companies of disqualification undertakings – disqualification deemed to have arisen automatically in Ireland under Companies Act 2014- relief sought from declaration of restriction – relief not to be granted unless the Court is satisfied that the public will not be harmed – extent of the interest that applicant has for having restriction removed – whether hardship would be suffered by applicant – protection of the public of paramount concern – whether omission to inform Registrar of Companies was intentional – discretion of the Court in considering whether appropriate to grant relief – whether it would be just and equitable to grant relief.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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