Search Results for: Company Directors

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In Re Britannia Homes Centres Ltd and the Company Directors Disqualification Act 1986; Official Receiver v McCahill: ChD 27 Jun 2000

An appeal against an order disqualifying the director of a company in an application for leave to act as a director should be made to the High Court. Where the application was so as to allow the director to act on a company in the course of winding up proceedings, the court to which the … Continue reading In Re Britannia Homes Centres Ltd and the Company Directors Disqualification Act 1986; Official Receiver v McCahill: ChD 27 Jun 2000

In Re Britannia Homes Centres Ltd and the Company Directors Disqualification Act 1986; Official Receiver v Mccahill: ChD 29 Jun 2000

An appeal against an order disqualifying the director of a company in an application for leave to act as a director should be made to the High Court. Where the application was so as to allow the director to act on a company in the course of winding up proceedings, the court to which the … Continue reading In Re Britannia Homes Centres Ltd and the Company Directors Disqualification Act 1986; Official Receiver v Mccahill: ChD 29 Jun 2000

Guinness Peat Group Plc v British Land Company Plc and others: CA 18 Dec 1998

The claimant, a minority shareholder, had said that the defendant had acted prejudicially in transferring the company’s only substantial asset to another company. The respondent said that since the shares had always been of nil value they could not hae been prejudiced. The claimant appealed a strike out of its claim. Held: Such a strike … Continue reading Guinness Peat Group Plc v British Land Company Plc and others: CA 18 Dec 1998

Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Shaw v The Port Phillip and Colonial Gold Mining Company Ltd: 1884

A company secretary was to procure execution of certificates of shares in accordance with prescribed formalities. A certificate was issued and presented by the secretary in favour of a purchaser in the usual form with signature of director and secretary and bearing the company’s seal. But the signature of the director appended was, in fact, … Continue reading Shaw v The Port Phillip and Colonial Gold Mining Company Ltd: 1884

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

In Re A Company No 004803 of 1996: ChD 2 Dec 1996

T was the company’s bookkeeper. He was also a director but with only a small shareholding. The company fell into difficulties. He recommended economies to the other directors which were not accepted, but then he stayed on in office. The court had disqualified the other directors but not him. The Secretary of State appealed. Held: … Continue reading In Re A Company No 004803 of 1996: ChD 2 Dec 1996

Coles and others (Trustees of the Ward Green Working Mens Club) v Samuel Smith Old Brewery (Tadcaster) (Unltd Company) and Another: CA 29 Nov 2007

The claimants appealed refusal of an order for specific performance of a contract for the purchase of land under the exercise of an option agreement. The defendant had conveyed the land to a subsidiary in order to defeat the option. Held: ‘The sale by the Brewery to Rochdale was to a genuine company, for a … Continue reading Coles and others (Trustees of the Ward Green Working Mens Club) v Samuel Smith Old Brewery (Tadcaster) (Unltd Company) and Another: CA 29 Nov 2007

Bermuda Cablevision Limited and others v Colica Trust Company Limited: PC 6 Oct 1997

(Bermuda) An alternative remedy to winding up is available to a shareholder where oppressive conduct is alleged, though the main thrust is that the conduct is unlawful. Judges: Lord Browne-Wilkinson Lord Lloyd of Berwick Lord Steyn Lord Cooke of Thorndon Lord Clyde Citations: Times 31-Oct-1997, [1997] UKPC 44 Links: Bailii Statutes: Companies Act 1985 459, … Continue reading Bermuda Cablevision Limited and others v Colica Trust Company Limited: PC 6 Oct 1997

In Re Cameron’s Coalbrook and Co Railway Company, Ex Parte Bennett: 16 Mar 1854

Directors of a public companY are trustees for the shareholders, and their private interests must yield to their public duty whenever they are conflicting. Directors permitted a class of dissentient shareholders in an embarrassed company to tranefer their shares to the company, under a power in the deed, upon payment of a sum of money, … Continue reading In Re Cameron’s Coalbrook and Co Railway Company, Ex Parte Bennett: 16 Mar 1854

John Graham, On Behalf Of Himself And All Other The Shareholders Or Proprietors Of Shares In The Birkenhead, Lancashire, And Cheshire Junction Railway Company, Except Such As Are Defendants Hereto v The Birkenhead, Lancashire, And C: 30 May 1850

The directors of a railway company, with the concurrence of a majority of the shareholders, on finding the original undertaking impracticable, proceeded to construct a small portion only of the works. On an application by an individual shareholder on behalf of himself and the other shareholders for an injunction to restrain this proceeding, the Court … Continue reading John Graham, On Behalf Of Himself And All Other The Shareholders Or Proprietors Of Shares In The Birkenhead, Lancashire, And Cheshire Junction Railway Company, Except Such As Are Defendants Hereto v The Birkenhead, Lancashire, And C: 30 May 1850

In Re Oriental Inland Steam Company ex parte Scinde Railway Company: CA 1874

The liquidator obtained an order requiring a creditor who had attached assets in India to return them to the company in liquidation.Sir W M James LJ said: ‘The winding-up is necessarily confined to this country. It is not immaterial to observe, that there could now be no possibility, having regard to the decision of the … Continue reading In Re Oriental Inland Steam Company ex parte Scinde Railway Company: CA 1874

Daimler Co Ltd v Continental Tyre and Rubber Company (Great Britain) Limited: HL 1916

The House considered the meaning of ‘control’ in the context of companies. Lord Parker of Waddington said: ‘I think that the analogy is to be found in control, an idea which, if not very familiar in law, is of capital importance and is very well understood in commerce and finance. The acts of a company’s … Continue reading Daimler Co Ltd v Continental Tyre and Rubber Company (Great Britain) Limited: HL 1916

In re John Tweddle and Company Ltd: CA 1910

The court discussed the official receiver’s enquiries and report leading up to the public examination of former directors. Farwell LJ said: ‘Now those are functions of a judicial character which are cast upon him, not in the liquidation of the company for the benefit of the assets, but primarily at any rate for the protection … Continue reading In re John Tweddle and Company Ltd: CA 1910

Re a Company: 1987

Citations: [1987] 1 BCLC 82 Cited by: Cited – Bruce Peskin; Kevin Milner v John Anderson and Others CA 14-Dec-2000 The Royal Automobile Club (RAC) had been demutualised. The claimants were former members who sought damages from former directors because they had received no benefit. They had ceased to be members before the re-organisation and … Continue reading Re a Company: 1987

Re New Cedos Engineering Company Ltd: 1994

The company had two directors. On a death the inheritor of a members shares were entitled to have their shares registered. The majority shareholder died. The remaining board refused to register his widow as owner of the shares. She remarried, and then died, and her widower who had inherited the shares was also refused registration. … Continue reading Re New Cedos Engineering Company Ltd: 1994

In The Matter Of The Mexican And South American Company Grisewood And Smith’s Case De Pass’s Case: 15 Jul 1859

A trading company was established in 1838, upon the terms contained in the prospectus, which placed its affairs under the management of individual directors, but contained no provision as to the transfers of shares. The certificates of shares purported to, give the holder a title to the shares, which accordingly were treated transferable by delivery … Continue reading In The Matter Of The Mexican And South American Company Grisewood And Smith’s Case De Pass’s Case: 15 Jul 1859

The West Cornwall Railway Company v Mowatt: 4 Jun 1850

Debt for calls on railway shares : plea, that defendant was not shareholder : issue thereon. A special verdict found that, by agreement of 21st July 1847, between the directors of the railway company and defendant, he agreed to take all the unappropriated shares in the compariy, being 4935, and to pay 4l. per share … Continue reading The West Cornwall Railway Company v Mowatt: 4 Jun 1850

Salomon v A Salomon and Company Ltd: HL 16 Nov 1896

A Company and its Directors are not same paersons Mr Salomon had incorporated his long standing personal business of shoe manufacture into a limited company. He held nearly all the shares, and had received debentures on the transfer into the company of his former business. The business failed, and a subsequent debenture holder now said … Continue reading Salomon v A Salomon and Company Ltd: HL 16 Nov 1896

Hayward v Zurich Insurance Company Plc: SC 27 Jul 2016

The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at the time of the settlement. It had however known something of the deceit, and the … Continue reading Hayward v Zurich Insurance Company Plc: SC 27 Jul 2016

Nevill (Lord William) v Fine Art and General Insurance Company: HL 8 Dec 1896

The appellant acted for some time as agent to an insurance company at his own offices. After some correspondence as to a change of terms upon which the parties could not agree, the company’s secretary sent to persons who insured through the appellant a circular stating that the agency of the appellant at his offices … Continue reading Nevill (Lord William) v Fine Art and General Insurance Company: HL 8 Dec 1896

In Re City Equitable Fire Insurance Company Limited: ChD 1924

The duty of reasonable care expected of a company’s directors is generally said to be that of an ordinary prudent person might be expected to take in the circumstances on his own behalf, with the knowledge and experience of the director concerned. The court discussed the duties of a company director. Romer LJ said: ‘In … Continue reading In Re City Equitable Fire Insurance Company Limited: ChD 1924

Abacus Trust Company (Isle of Man) Ltd and Another v National Society for the Prevention of Cruelty to Children: ChD 17 Jul 2001

The claimants were beneficiaries, trustee and protector of a trust fund. In order to mitigate Capital Gains Tax liability they sought advice, and, following that advice, entered into a deed of gift in favour of the respondent charity. The deed needed to be dated in the new tax year, but was dated for the previous … Continue reading Abacus Trust Company (Isle of Man) Ltd and Another v National Society for the Prevention of Cruelty to Children: ChD 17 Jul 2001

Re: A Company (No. 005009 of 1987), ex parte Copp: ChD 1988

MC Bacon Ltd had borrowed money from a bank. The loan was unsecured. The company got into financial difficulty. The bank commissioned a report on the company’s financial affairs; and insisted on the grant of a debenture to secure the company’s borrowings. The report made various recommendations, which the company implemented. The company subsequently went … Continue reading Re: A Company (No. 005009 of 1987), ex parte Copp: ChD 1988

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: CA 14 May 2014

The court considered the operation of a break clause within a lease, and in particular ‘ Can the court imply a term which enables the lessee to get back that part of the advance payment of rent which relates to a period (‘the broken period’) after the break date, by when the lease will have … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: CA 14 May 2014

In re Re Rose, Midland Bank Executor and Trustee Company Limited v Rose: ChD 1949

The testator handed a transfer of the relevant shares to the donee, Mr Hook, together with the relevant certificates. The transfer had not been registered by the date of his death. Held: Equity will not compel an imperfect gift to be completed. Nevertheless, the testator had done everything in his power to divest himself of … Continue reading In re Re Rose, Midland Bank Executor and Trustee Company Limited v Rose: ChD 1949

Unilever plc v Procter and Gamble Company: CA 4 Nov 1999

The defendant’s negotiators had asserted in an expressly ‘without prejudice’ meeting, that the plaintiff was infringing its patent and they threatened to bring an action for infringement. The plaintiff sought to bring a threat action under section 70 relying on the statements. The judge held the statement inadmissible. Held: The plaintiff’s appeal failed. Where there … Continue reading Unilever plc v Procter and Gamble Company: CA 4 Nov 1999

Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

Lennard’s Carrying Company Limited v Asiatic Petroleum Company Limited: HL 1915

The House was asked as to when the acts of an individual became those of his employer under section 502 (‘any loss or damage happening without (the ship owner’s) actual fault or privity’). Held: Viscount Haldane LC said: ‘It must be upon the true construction of that section in such a case as the present … Continue reading Lennard’s Carrying Company Limited v Asiatic Petroleum Company Limited: HL 1915

O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999

The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the company’s profits and a salary. Later the respondent in negotiations with the … Continue reading O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999

Abacus Trust Company (Isle of Man) Colyb Limited v Barr, Barr, and Barr: ChD 6 Feb 2003

The court considered the Rule in Hastings-Bass, and specifically (1) whether the trustee’s decision is open to challenge when the failure to take a consideration into account is not attributable to a breach of fiduciary duty on the part of the trustee; and (2) whether, where a decision is open to challenge on the ground … Continue reading Abacus Trust Company (Isle of Man) Colyb Limited v Barr, Barr, and Barr: ChD 6 Feb 2003

Progress Property Company Ltd v Moorgarth Group Ltd: SC 8 Dec 2010

The appellants appealed against rejection of their claim that there had been an unlawful distribution of capital when the appellant had sold the share capital of a subsidary at an undervalue to the respondent purchaser. The valuation had miscalculated the existence of an indemnity against liability to repair leasehold properties. Held: The appeal failed. The … Continue reading Progress Property Company Ltd v Moorgarth Group Ltd: SC 8 Dec 2010

In The Matter Of The Mexican And South American Company Grisewood And Smith’s Case De Pass’s Case; 15 Jul 1859

References: [1859] EngR 854, (1859) 4 De G & J 544, (1859) 45 ER 211 Links: Commonlii A trading company was established in 1838, upon the terms contained in the prospectus, which placed its affairs under the management of individual directors, but contained no provision as to the transfers of shares. The certificates of shares … Continue reading In The Matter Of The Mexican And South American Company Grisewood And Smith’s Case De Pass’s Case; 15 Jul 1859

The West Cornwall Railway Company v Mowatt; 4 Jun 1850

References: [1850] EngR 623, (1850) 15 QB 521, (1850) 117 ER 556 Links: Commonlii Debt for calls on railway shares : plea, that defendant was not shareholder : issue thereon. A special verdict found that, by agreement of 21st July 1847, between the directors of the railway company and defendant, he agreed to take all … Continue reading The West Cornwall Railway Company v Mowatt; 4 Jun 1850

Secretary of State for Trade and Industry v Bannister and Another: CA 26 Jul 1995

A court’s discretion to stay a disqualification order is to be used only in exceptional cases, but it does retain an has inherent power to stay disqualification of director pending an appeal. Citations: Independent 11-Aug-1995, Times 26-Jul-1995 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company Updated: 21 January 2023; Ref: scu.89121

In Re Manlon Trading Ltd: CA 22 Jun 1995

Company Director Disqualification proceedings were struck out for delay. There has to be a balance between the public interest in securing the disqualification of bad directors and the prejudice to private citizens and the people subject to the application process. Proceedings which are brought at the end of the two-year period are liable to be … Continue reading In Re Manlon Trading Ltd: CA 22 Jun 1995

Florentino Comm Giuseppe Sri v Farnesi and Another: ChD 11 Feb 2005

Company directors drew and signed company cheques, but the cheques did not bear the word ‘limited’ or permitted substitute. The cheques were not met and the claimants sued the signatories personally. Held: The section made the signatory of such a cheque personally liable. Once presented and refused, it became ‘not duly paid’. Under section 45 … Continue reading Florentino Comm Giuseppe Sri v Farnesi and Another: ChD 11 Feb 2005

McBride v The Body Shop International Plc: QBD 10 Jul 2007

The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email and to extend the limitation period saying it had been withheld. Held: There had … Continue reading McBride v The Body Shop International Plc: QBD 10 Jul 2007

Brown and Another v Bennett and Others: CA 1 Dec 1998

Morritt LJ discussed the ‘corporate opportunitycases’: ‘Those are cases in which a beneficial commercial opportunity comes the company’s way and forms knowledge owned or possessed by the directors as agents for the company. Those directors then seek to use that knowledge or opportunity for themselves and are subsequently held to be constructive trustees of it … Continue reading Brown and Another v Bennett and Others: CA 1 Dec 1998

In Re Land and Property Trust Co Plc (No 2): CA 16 Feb 1993

The judge was wrong to refuse an adjournment when he had insufficient evidence before him properly to make his decision, and when a costs order was sought against the company directors personally in respect of an application for the winding up of a company. The directors had not been party to the early part of … Continue reading In Re Land and Property Trust Co Plc (No 2): CA 16 Feb 1993

Secretary of State for Trade and Industry v Richardson and Another: ChD 16 May 1997

A company director may be disqualified on wider ground than merely for specific contraventions within any list, including having given a preference to a creditor bank. Citations: Times 16-May-1997, Gazette 21-May-1997 Statutes: Company Directors Disqualification Act 1985 9(8) Jurisdiction: England and Wales Company Updated: 25 November 2022; Ref: scu.89144

Secretary of State for Trade and Industry v Rogers: 1996

If fraud is to be alleged against a company director in disqualification proceedings, the allegation must be distinctly alleged and as distinctly proved. Citations: [1996] 1 WLR 1569, [1996] 2 BCLC 513 Statutes: Company Directors Disqualificatin Act 1985 Jurisdiction: England and Wales Citing: developed – In Re Carecraft Construction Co Ltd ChD 13-Oct-1993 A court … Continue reading Secretary of State for Trade and Industry v Rogers: 1996

Secretary of State for Trade and Industry v Eastaway: CA 6 Apr 2001

Judges: Tuckey, Rix, Arden LLJ Citations: [2001] EWCA Civ 763, [2003] 2 BCLC 263 Links: Bailii Statutes: Company Directors Disqualificatin Act 1985 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway HL 8-Nov-2000 Where the Court of Appeal had refused permission to apply for … Continue reading Secretary of State for Trade and Industry v Eastaway: CA 6 Apr 2001

Secretary of State for Trade and Industry v Eastaway; Re Blackspur Group (No 3), Secretary of State for Trade and Industry v Davies and Others (No 2): CA 13 Sep 2001

Citations: [2001] EWCA Civ 1595, [2003] 2 BCLC 263 Links: Bailii Statutes: Company Directors Disqualificatin Act 1985 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway HL 8-Nov-2000 Where the Court of Appeal had refused permission to apply for judicial review after a similar … Continue reading Secretary of State for Trade and Industry v Eastaway; Re Blackspur Group (No 3), Secretary of State for Trade and Industry v Davies and Others (No 2): CA 13 Sep 2001

Regina v Secretary of State for Trade and Industry Ex Parte McCormick: CA 10 Feb 1998

Statements made under compulsion could be used in disqualification proceedings at discretion of the Secretary of State. Citations: Gazette 01-Apr-1998, Times 10-Feb-1998, Gazette 11-Mar-1998 Statutes: Company Directors Disqualification Act 1985 Jurisdiction: England and Wales Cited by: Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at … Continue reading Regina v Secretary of State for Trade and Industry Ex Parte McCormick: CA 10 Feb 1998

In the Matter of Blackspur Group Plc; Secretary of State for Trade and Industry v Davies; Thomas; Thompson; Andrew: CA 19 Nov 1997

The Secretary of State may perfectly properly refuse to accept offered undertakings and instead decide to prosecute company directors under the Act, even though though the terms offered were intended to give equivalent effect. The purpose of the Act’s jurisdiction is to improve the standard of company directors, and the disqualification procedure has a prohibitory … Continue reading In the Matter of Blackspur Group Plc; Secretary of State for Trade and Industry v Davies; Thomas; Thompson; Andrew: CA 19 Nov 1997

Secretary of State for Trade and Industry v Jabble and Others: CA 22 Jul 1997

The Secretary of State sought company director disqualification orders. The defendants challenged the administrative receivership, saying that the appointment of the administrative receiver was invalid, and hence that the conditions of section 6 were not satisfied and the Secretary of State was not entitled to rely on the section as the basis for the disqualification … Continue reading Secretary of State for Trade and Industry v Jabble and Others: CA 22 Jul 1997

Mahon and Another v Rahn and Others (1): CA 12 Jun 1997

Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997

Secretary of State for Trade and Industry v Ashcroft and Others: CA 26 Feb 1997

A liquidator’s affidavit was admissible in company director disqualification action, even though it contained hearsay evidence. Citations: Gazette 19-Mar-1997, Times 04-Mar-1997, [1997] EWCA Civ 1101 Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Company, Evidence, Jury Updated: 05 November 2022; Ref: scu.141497

Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another: CA 22 Oct 1996

The official receiver began director disqualification proceedings, but before the proceedings commenced, the company was wound up. Where, on an application for the disqualification of a director, the official receiver and the Secretary of State became aware that the company had in fact already been dissolved, the normal course would be to transfer the proceedings … Continue reading Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another: CA 22 Oct 1996

Secretary of State for Trade and Industry v Davies and Others: CA 7 Jun 1996

The lack of a good reason for delay was not terminal to a company director disqualification application. Citations: Times 07-Jun-1996 Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Cited by: Cited – Davies v The United Kingdom ECHR 16-Jul-2002 The applicant had been subject to applications for his disqualification from acting as … Continue reading Secretary of State for Trade and Industry v Davies and Others: CA 7 Jun 1996

Secretary of State for Trade and Industry v McTighe (No 2): CA 1996

The court accepted that it was misconduct for a director to pursue: ‘the policy of not paying the debts of creditors who are not pressing when it is known that the company has insufficient reserves enabling it to trade except at the risk of such creditors.’ Citations: [1996] 2 BCLC 477 Statutes: Company Directors Disqualification … Continue reading Secretary of State for Trade and Industry v McTighe (No 2): CA 1996

Regina v Brockley: CACD 25 Nov 1993

The offence of acting as a company director whilst being an undischarged bankrupt is an absolute offence. Citations: Gazette 26-Jan-1994, Times 25-Nov-1993, [1994] 99 Cr App R 385 Statutes: Company Directors Disqualification Act 1986 11(1) Jurisdiction: England and Wales Cited by: Cited – Regina v Doring CACD 24-Jun-2002 The defendant was charged with acting as … Continue reading Regina v Brockley: CACD 25 Nov 1993

Regina v Evans (Andrew): CACD 16 Nov 1999

The Act was not solely punitive in its nature. The intention was, in addition, to provide protection to the public and other traders from the defendants activities. This meant that there need be no mathematical link between the length of any custodial sentence, and the length of any ban from acting as a company director. … Continue reading Regina v Evans (Andrew): CACD 16 Nov 1999

Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007

The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking in the light of the ECHR judgment. Held: The appeal was dismissed. The decision of … Continue reading Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007

Regent Building Services N/C Ltd v Revenue and Customs: VDT 12 Sep 2006

VAT INPUT TAX – MOTOR CARS – Appellant purchased a motor car for use by one of its company directors – the director chose to use the motor car exclusively for the Appellant’s business – the Appellant, however, consigned control of the motor car to the director – the Appellant placed no physical or legal … Continue reading Regent Building Services N/C Ltd v Revenue and Customs: VDT 12 Sep 2006

The Secretary of State for Business, Energy and Industrial Strategy v Geoghegan and Others: ChD 23 Mar 2021

Whether members of a limited liability partnership with no management involvement were subject to the disqualification procedures of the 1986 Act. Judges: Mr Justice Michael Green Citations: [2021] EWHC 672 (Ch) Links: Bailii Statutes: Limited Liability Partnership Regulations 2001, Company Directors Disqualification Act 1986, Companies Act 2006 Jurisdiction: England and Wales Company Updated: 08 October … Continue reading The Secretary of State for Business, Energy and Industrial Strategy v Geoghegan and Others: ChD 23 Mar 2021