Tuesday, 28 January 2014

What does the court consider when granting permission applications?

The court’s powers are wide and unfettered due “to the infinite variety of circumstances which may apply to future cases not before the court”.  Each case depends entirely on its own facts. They will take in to account the following:- 

a. That the regime is designed to protect the public and not be penal. The idea is to protect the public from a recurrence of the conduct which lead to the disqualification order being made in the first place.

b. There is no presumption in favour of permission being granted.  The onus is on the Applicant to persuade the court, on the balance of probabilities, to grant the order.

c. That the grant of permission is a privilege, not a right.

d. That permission will only ever be granted for specific companies, not on a general basis.

e. That each case will be looked at on its own merits.