Disqualification undertakings and second chances—the correct approach to sections 8A and 17 of the Company Directors Disqualification Act 1986 (Ahmed v Secretary of State for Business, Enterprise and Industrial Strategy)

Dr Benjamin Archer and Carola Binney |

Restructuring & Insolvency analysis: The court held that a disqualified director’s rehabilitation from drug and alcohol addiction did not amount to ‘special circumstances’ for the purposes of the court’s discretion to discharge a disqualification undertaking under section 8A of the Company Directors Disqualification Act 1986 (CDDA 1986). The decision provides important guidance on the relationship between CDDA 1986, ss 8A and 17, the latter under which a disqualified director can obtain permission to act. Written by Benjamin Archer, barrister, and Carola Binney, pupil barrister, at 4 New Square.

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This analysis was first published on Lexis®PSL on 17/03/2021 and can be found here (subscription required).