Official Receiver v Stern and Another: CA 20 Nov 2001

The director appealed against a 12 year disqualification. The basis of the disqualification was unlawful trading to the detriment of creditors, and taking excess drawings.

The Vice-Chancellor, Lord Justice Buxton, And, Lady Justice Arden
[2004] BCC 581, [2002] 1 BCLC 119, [2000] 1 WLR 2230, [2001] EWCA Civ 1787
Company Directors Disqualification Act 1986
England and Wales
CitedIn Re Smith and Fawcett Ltd CA 1942
Directors to act Without Collateral Purpose
The primary duty of a director imposed by the general law is that he should act in what he considers to be the best interests of the company, and not for any collateral purpose. That duty is a subjective one that depends on the directors exercising . .
CitedCharterbridge Corporation Ltd v Lloyds Bank ChD 1969
Pomeroy Developments (Castleford) Ltd (‘Castleford’) was one of a large group of companies headed by Pomeroy Developments Ltd (‘Pomeroy’). None of the companies ere subsidiaries of Pomeroy, but they had common shareholdings, directors, and officers. . .
See AlsoOfficial Receiver v Stern and Another CA 25-Jan-2001
. .

Cited by:
CitedFleurose v The Securities and Futures Authority Ltd, The Disciplinary Appeal Tribunal of the Securities & Futures Authority Ltd CA 21-Dec-2001
The applicant sought to challenge a decision suspending him from authorisation to act as a financial adviser. He was alleged to have sought to affect the Index of share values in order that his company should not be liable under certain options. He . .
CitedClingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
CitedSecretary of State for Business, Innovation and Skills v Doffman and Another ChD 11-Oct-2010
The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights . .

Lists of cited by and citing cases may be incomplete.


Updated: 05 January 2022; Ref: scu.166935