The court concluded that:
- All members of an LLP are potentially liable to face disqualification proceedings
- There is no qualification to the jurisdiction over all members of an LLP under section 6 of the CDDA that the member has to be on a management board or at a level equivalent to a director of a company
- The conduct that can be relied on is anything that is done in the capacity of a member of the LLP
- The test for unfitness is the same as in relation to companies – ie, it makes the member unfit to be concerned in the management of a company or an LLP
- There is no line drawn in the legislation, and there is no justification for implying such a line, as to the relevant conduct that can be relied on by the Secretary of State.
In the matter of Bell Pottinger LLP [2021] EWHC 672 (Ch)