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Supreme Court, on appeal from High Court, sets aside order disqualifying former director of bank from acting as director for nine years, and substitutes order restricting him as director for a period of five years.
Disqualification of former director of company - appeal from decision of High Court - s 160, Companies Act 1990 - investigation of affairs of bank (National Irish Bank) - improper practices - application for disqualification of director made in 2005 - order made in 2007 disqualifying director for nine years - background of former director - responsibility of former director for improper practices, including: bogus non-resident accounts, fictitious and incorrectly named accounts, failure to deduct tax on special savings accounts, improper charging of fees - whether a lack of commercial probity on part of former director - definition of "probity" - lack of allegation of dishonesty - purpose of disqualification orders - whether the person in question posed a current risk to members of the public - high standard of proof required - whether legal test correctly applied in High Court - response of former director to question of tax evasion - failure to make enquiries - whether non-feasance was sufficient - question of ultimate responsibility - whether disqualification order was appropriate - whether period of order was appropriate - former director now retired - blemish-free career - in mid 70s - active within Methodist community in UK - substitution of order restricting director - s 150, 1990 Act.
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