Baileys’ appeal against use of tribunal reports adjourned

THE Supreme Court has adjourned an appeal over whether the Director of Corporate Enforcement can use material such as a tribunal of investigation report in his proceedings against brothers Michael and Tom Bailey seeking their disqualification from company management.

The High Court ruled in November 2007 that the director is entitled to rely on an investigation by accountants PriceWaterhouseCoopers into the affairs of their Bovale Developments company over a two-year period in a bid to have the Baileys disqualified from management, on the grounds of alleged misconduct and fraud in relation to the affairs of that company.

However, Ms Justice Mary Irvine also ruled the director was not legally entitled to use certain other materials, including reports of the Planning Tribunal, as additional evidence of wrongdoing by the brothers or evidence of alleged wrongdoing over a 12-year period from 1988 to 2000.