Disqualification Cases 2007

High Court Decision not to disqualify Mr Patrick McCann.

17 January 2007


High Court Decision not to disqualify Mr Patrick McCann 

The Director of Corporate Enforcement and Patrick McCann. In the matter of Kentford Securities Limited (under investigation) and in the matter of the Companies Acts 1963 - 2001 and in the matter of an application by the Director of Corporate Enforcement pursuant to Section 160(2) of the Companies Act 1990.

Details of Respondent:
Patrick McCann, Certified Public Accountant and Registered Auditor of McCann and Associates, 48 Upper Drumcondra Road, Dublin 9.

Venue:
High Court, Dublin.

Judge:
Mr Justice Michael Peart.

The Application:
Under section 160(2)(b) and (d) of the Companies Act 1990 (as amended), the Director of Corporate Enforcement sought the disqualification of Mr Patrick McCann from being appointed or acting as an auditor, director or other officer, receiver, liquidator or examiner or being in any way, whether directly or indirectly, concerned or involved in the promotion, formation or management of any company or industrial and provident society. This application followed an investigation by the Director of the circumstances reported by an authorised officer (appointed under section 19 of the Companies Act 1990 by the then Minister for Enterprise Trade and Employment) who had examined the books and documents of Kentford Securities Limited.

Outcome:
In a written judgement delivered judgement today, the High Court determined that the requested order should not be made.

Related Case:
See also the earlier High Court Judgement of 7 March 2006 where the Court rejected an application by Mr McCann to dismiss the Director's disqualification proceedings against him.

Appeal:
Subsequent to the making of the High Court Order refusing to disqualify Mr. McCann, the Director successfully appealed to the Supreme Court and the Supreme Court ultimately disqualifed Mr. McCann for a period of twoyears. Details of the outcome of the Supreme Court hearing can be seen under the entries at Tuesday the 30th November 2010 and 1st February 2011 on our website.

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