Re Lo-Line Electric Motors Ltd

The purpose of disqualification is to protect the public, and ordinary commercial misjudgment is not enough to make a director unfit, but conduct showing a lack of commercial probity or gross negligence may be.

Citation
[1988] Ch 477
Court
Chancery Division
Year
1988
Subject
Company Law
Topic
Company charges, insolvency and disqualification

Facts

Mr Browne was a director of several companies that went into insolvent liquidation. He had continued trading while the companies were insolvent, and had failed to pay the Crown debts, using the money owed to the Crown to keep the companies trading. The Secretary of State applied to disqualify him.

Legal principle

Sir Nicolas Browne-Wilkinson V-C made a disqualification order for three years, and gave him leave to continue as a director of a family company, subject to conditions. He said that the primary purpose of the disqualification provisions is not to punish the individual, but to protect the public against the future conduct of companies by persons whose past records as directors of insolvent companies have shown them to be a danger to creditors and others. Ordinary commercial misjudgment is in itself not sufficient to justify disqualification, but conduct which displays a lack of commercial probity, or gross negligence or total incompetence, may justify it.

Related cases on company charges, insolvency and disqualification

Studying company law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions