HomeFWJ TakeawayDirector disqualification claimsDisqualification legislationSection 8A of the Company Director Disqualification Act 1986

It is possible for a director to reduce the original period of disqualification by making an application to court. Our team can help you with these complex applications or explore other alternatives which might be more suitable for you - such as applying to court to become a director again despite being disqualified. Call us today for help.

Francis Wilks & Jones acted with great professionalism, responding quickly to my requirements, leading to an eventual withdrawal of the claim against me and my son. I am extremely grateful

A client who approached us just two weeks before the trial of a large director disqualification claim against him and his son

Set out below in full is section 8A of the Company Director Disqualification Act 1986 setting out the general provisions relating to variation of director disqualification undertakings and reduction in director disqualification periods. Contact our team if you would like to reduce your period of undertaking.

Variation etc. of disqualification undertaking

1. The court may, on the application of a person who is subject to a disqualification undertaking:

  • reduce the period for which the undertaking is to be in force, or
  • provide for it to cease to be in force.

2. On the hearing of an application under subsection (1), the Secretary of State shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.

2a. Subsection (2) does not apply to an application in the case of an undertaking given under section 9B, and in such a case on the hearing of the application whichever of the OFT or a specified regulator (within the meaning of section 9E) accepted the undertaking:

  • must appear and call the attention of the court to any matters which appear to it or him (as the case may be) to be relevant;
  • may give evidence or call witnesses.

3. In this section “the court”:

  • in the case of an undertaking given under section 9B means the high court or (in Scotland) the court of Session;
  • in any other case has the same meaning as in section 7(2) or 8 (as the case may be).

Please contact one of our expert disqualification team now for your consultation. At Francis Wilks & Jones, we have all the director disqualification experience needed to deal with any type of problem. Our knowledge of the disqualification Act is second to none.

Over the ten years we have worked together, FWJ continue to achieve exceptional results year on year. Andy Wilks and the team have been a pleasure to work with and have always provided pragmatic, commercial and accurate advice on a wide range of matters. FWJ have become an integral part of our business and we cannot recommend them highly enough.

A longstanding client whom we have advised on various matters

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