Thursday, 5 December 2013

On what grounds will a court reduce the original period of undertaking?

The Court may be willing to reduce the original period of disqualification on the following grounds:-

1. Where the consent of the person giving the original undertaking was in some way vitiated so that he/she never really consented into the entering of the undertaking.  This section would cover, for example, undue influence, duress or mistake in signing the undertaking.  

2. Some fundamental mistake was made and discovered after the disqualification undertaking was accepted.  

3. That new information has become available to the person who gave the undertaking that was not available to that person at the time when the disqualification taken was entered into.  

4. When a review of other case law relating to similar grounds for the original disqualification demonstrate that the original disqualification period offered by the Secretary of state was excessive. 

5. Where the Secretary of State has acted in a deliberately oppressive manner in obtaining the undertaking.