The defendant was charged with acting as a company director whilst being an undischarged bankrupt, and also of being involved in the management of a company using a prohibited name. She said that she had not known that the part she took in the company amounted to acting as a director. The judge directed the jury that they were strict liability offences, they need not ask if she acted dishonestly but whether they objectively amounted to involvement in the management of the company.
Held: The judge was correct and the defendant’s belief and honesty was not relevant.
Judges:
Lord Justice Buxton, Mr Justice Grigson and Mr Justice Pitchford
Citations:
Times 27-Jun-2002, Gazette 28-Aug-2002
Statutes:
Company Directors Disqualification Act 1986 11, Insolvency Act 1986 216(3)(a) 216(3)(b) 216(3)(c)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Brockley CACD 25-Nov-1993
The offence of acting as a company director whilst being an undischarged bankrupt is an absolute offence. . .
Lists of cited by and citing cases may be incomplete.
Company, Crime
Updated: 06 September 2022; Ref: scu.174086