Tuesday, 28 January 2014

What can a person do if he / she can’t get their application pursuant to section 17 of the Company Director Disqualification Act 1986 heard within 21 days?

a. The person resigns his/her position and waits until they can obtain a court date to hear the application.

b. The person could alternatively apply for an extension to the 21 day period whilst he/she gets the application in order.

c. The individual could apply for a “stay” of the disqualification order pending the application for leave being dealt with (although there is limited jurisdiction by the court to do this).

d. The person could invite the court to order that interim permission to act should be granted pending the hearing of the substantive application for permission – to preserve the status quo.

e. The person could ask the court to grant permission for a specific purpose for a specific period of time.