Director disqualification hearing
1. First Directions hearing
The first type of director disqualification hearing to be aware of is what is commonly known as the first directions date. Essentially, when a claim is issued at the director disqualification court, the court will put in the court diary a first hearing date. That date will be shown on the issued director disqualification claim form. It will show the date of the director disqualification hearing, the time of the hearing and the place of the hearing i.e. which director disqualification court it will be heard at.
This hearing is essentially there to allow the director disqualification court to put in place directions (or steps in the case) to enable the case to continue. This is only on the basis that the director disqualification claim is contested by the Defendant. If the claim is not contested or a director disqualification Acknowledgement of Service form filed in time, then the first directions hearing can sometimes be treated as a hearing at which the court will make a director disqualification order on the basis that the claim is uncontested. It is therefore very important to ensure that proper steps are taken to prepare for this director disqualification hearing in order that a disqualification order is avoided.
2. Interim director disqualification hearings
There can also be interim hearings within the director disqualification process. These very much depend on whether, for example, any steps need to be taken by the Claimant or Defendant which are not part of the normal steps put in place to take the matter towards trial. An example of such a director disqualification hearing would include where the Defendant requires further time to file his/her director disqualification affidavits in reply to the director disqualification claim. Extension of time applications in disqualification hearings are common.
Others types of interim hearings might relate to disclosure applications whereby certain documents are being sought from either party or indeed third parties.
The main director disqualification hearing is of course a trial. Whilst most cases don’t reach trial stage, some of course do.
Director disqualification trials involve a full hearing of the issues in front of a Judge and will involve giving oral testimony from all witnesses. Trial will also require specialist director disqualification solicitors and barristers to attend the hearing and argue the case. Following the director disqualification trial, the court will either decide to make a director disqualification order against the defendant or not.
Contact expert director disqualification solicitors now
Please contact one of our friendly expert director disqualification solicitors now for your consultation. At Francis Wilks & Jones, we have all the director disqualification experience needed to deal with any type of problem. Feel free to look at our website and the many different examples of cases where we have successfully assisted our clients.
Page # of 89