Proving unfitness to be a company director falls in to 2 stages:

  1. Firstly the Secretary of State needs to establish as facts (to a requisite standard of proof), the matters on which the allegation of unfitness is based.
  2. Secondly, the court must be satisfied that the conduct alleged is sufficiently serious to warrant disqualification.

The second element involves a decision by the court as to whether the conduct relied upon by the Secretary of State falls below the standards of commercial probity and competence appropriate for persons fit to be directors.