Secretary of State for Trade and Industry v Bairstow

Subject Matter

COMPANY — Director — Disqualification — Findings of fact adverse to director made in wrongful dismissal proceedings — Subsequent application by Secretary of State to disqualify director — Whether director's challenge to findings of fact in disqualification proceedings abuse of process

[2003] EWCA Civ 321; [2004] Ch 1; [2003] 3 WLR 841; [2004] 4 All ER 325, CA

EVIDENCE — Judicial finding — Admissibility — Findings of fact made in wrongful dismissal proceedings — Whether admissible in subsequent disqualification proceedings

[2003] EWCA Civ 321; [2004] Ch 1; [2003] 3 WLR 841; [2004] 4 All ER 325, CA

Commentary

Blackstones Civil Practice 2023
Abuse of Process - Relitigation and res judicata - Henderson v Henderson abuse 33.18

Judgments as Evidence - Other previous findings 49.97

The Court’s Approach - Evidence 86.22

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