Chancery Division
Published December 10, 2007

Secretary of State for Trade and Industry v Vohora and Another

A claim by the Secretary of State for Trade and Industry to disqualify a director of a company under section 6 of the Company Directors Disqualification Act 1986 had to be brought, rather than commenced within two years.

Therefore, in accordance with paragraph 5.1 of the Practice Direction to Part 7 of the Civil Procedure Rules, where the court office received the secretary of state’s claim form within two years, the proceedings were in time even if the claim form was issued outside that period.

Mr Justice Evans-Lombe so held in the Chancery Division on November 15, 2007, when dismissing an appeal brought by Rajesh Vohora and Shailja Vohora from Mr Registrar Baister who on March 28, 2007, held that the claim for a disqualification order against them had been made within time.

The company of which the defendants had been directors became insolvent on May 7, 2002. Accordingly, in order not to be out of time, any disqualification application had to be made by May 7, 2004.

The claim form was received by the court on April 26, 2004, but was not dealt with immediately; the date inserted was May 17, 2004.

HIS LORDSHIP accepted the secretary of state’s submission that, for the purposes of rule 7.2, the claim form was issued on April 26, when it was received by the court and the letter accompanying it received the court stamp.

Rule 7.2 was qualified by paragraph 5.1 of the Part 7 Practice Direction and the claim had been brought in time.

Times Recommends

• The best legal yarns this Christmas
• Legal school 'earned £1m by exploiting bar course'
• Axe may fall on 5,000 more City lawyers