ABSTRACT
As has been observed on various occasions99 and can be seen from the views expressed by the Court of Appeal in Re Grayan Services Ltd, there is a penal element to the disqualification provisions as well as an intention that the public should be protected from future failings. The guidelines laid down by the Court of Appeal in Re Westmid Packing Services100 as to appropriate length of disqualification bear a resemblance to guidelines on sentencing. There is a question of the extent to which defendant directors should be accorded the same protections as are given to those who stand accused in criminal trials. There has been considerable discussion of whether the appropriate standard of proof in disqualification cases is the civil one of ‘balance of probabilities’ or whether it should be the more onerous criminal standard of proof beyond reasonable doubt.101 The issue has also arisen as to the extent to which the rules against self-incrimination apply.
