“The Office of Fair Trading is set to target more company directors for criminal prosecution in a bid to stamp out anti-competitive behaviour, a senior figure at the competition watchdog said last night.”
The Times, 15th April 2008
Source: www.timesonline.co.uk
“The founder of a website offering sperm to lesbians wanting children has been jailed for 16 months for fraud at Wood Green Crown Court in north London.”
BBC News, 8th April 2008
Source: www.bbc.co.uk
Gemma Ltd (in liquidation) v Davies and Another
Chancery Division
“In order to establish that a person was a de facto director of a company when deciding whether she was guilty of any misfeasance in relation to the company, it was not enough that she held herself out as a director since what mattered was not what she called herself but what she did.”
The Times, 4th April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“In order to establish that a person was a de facto director of a company it was necessary, inter alia, to plead and prove that he undertook functions in relation to the company which could properly be discharged only by a director.”
WLR Daily, 18th March 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The names of almost 4,000 directors of British companies appear on international watchlists of alleged fraudsters, money launderers, terror financiers and corrupt officials, The Times has learnt.”
The Times, 21st February 2008
Source: www.timesonline.co.uk
Contex Drouzhba Ltd v Wiseman and Another
Court of Appeal
“A director’s signature on a document containing a fraudulent representation made by him was sufficient evidence in writing for an action in deceit.”
The Times, 8th January 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Secretary of State for Trade and Industry v Vohora and Another
Chancery
“A claim by the Secretary of State for Trade and Industry to disqualify a director of a company under section 6 of the Company Directors Disqualification Act 1986 had to be brought, rather than commenced within two years.”
The Times, 10th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only avaialble free on Times Online for 21 days from the date of publication.
Secretary of State for Trade and Industry v Vohora and another [2007] EWHC 2656 (Ch)
“A claim by the Secretary of State for Trade and Industry to disqualify a director of a company, on the ground that it was expedient in the public interest, had to be brought, rather that started, within two years. Therefore the two-year period was a limitation provision and, in accordance with CPR Pt 7, para 5, where the Secretary of State’s claim form was received in the court office on a date earlier than the date on which it was issued, the claim was “brought” for the purposes of the two-year period on that earlier date.”
WLR Daily, 16th November 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Judge’s order inappropriate
Court of Appeal
“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”
The Times, 13th November 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Half of the non-executive directors of UK businesses have deliberately limited their involvement in a major transaction because they fear being sued, a study has shown.”
The Times, 6th November 2007
Source: www.timesonline.co.uk
“Disgruntled shareholders in Northern Rock and other troubled British companies looking to pin blame on senior management will receive a boost next month with the introduction of new laws making it easier to sue individual company directors. ”
The Times, 24th September 2007
Source: www.timesonline.co.uk
“Gordon Brown was under pressure last night to explain why he has lifted a ban on ministers holding directorships as it emerged that his trade minister was listed on the board of a cleaning company, The Times can disclose.”
The Times, 22nd September 2007
Source: www.timesonline.co.uk
Declaration of criminality made in civil proceedings
Chancery Division
“The court had power, in appropriate circumstances, to grant a declaration of criminality in civil proceedings brought by a private individual litigant.”
The Times, 14th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Hawkes v. Cuddy and others [2007] EWHC 1935 (Ch)
“The court had jurisdiction to grant a declaration on a petition brought under s 459 of the Companies Act 1985 where the unfair prejudice relied on was caused by the alleged contravention of s 216 of the Insolvency Act 1986 by a director of a company in liquidation who had become the director of another company that was known by a prohibited name.”
WLR Daily, 31st July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Secretary of State for Trade and Industry v. Aaron and others
“In directors disqualification proceedings, the court might at times need expert assistance on issues of fact, but, generally speaking, it was hard to see why a court should need expert evidence that was simply expert opinion when considering the key question of whether a director was unfit to be concerned in the management of a limited company.”
WLR Daily, 7th June 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Shierson and another v. Rastogi [2007] EWHC 1266 (Ch.)
The principle that judicial findings made in a previous case were not admissible in later proceedings as evidence of facts found only applied where a party in the second proceedings had not had opportunity, by himself or his privy, to challenge evidence adduced in the first hearing.
WLR Daily, 25th May 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Secretary of State for Trade and Industry v. Eastaway (No. 2)
“A company director against whom disqualification proceedings were pending was not entitled to have an undertaking made under the Carecraft procedure (see In re Carecraft Construction Co Ltd [1994] 1 WLR 172) set aside and the disqualification proceedings dismissed on the ground that the Strasbourg court had concluded that his civil rights and obligations had not been determined within a reasonable time pursuant to art 6 of the Convention.”
WLR Daily, 10th May 2007
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Chiniah v. Director General of the Mauritius Revenue Authority
“A court could take into account a director’s dominant shareholding of a company in determining whether, under the law of Mauritius, he was a ‘principal officer’ of that company so as to be personally liable for income tax owed by the company.The Privy Council so held in dismissing an appeal by Jayram Chiniah from the order of the Court of Civil Appeal of Mauritius (YKJ Yeung Sik Yuen ACJ and P Lam Shang Leen J) affirming the decision of the Supreme Court of Mauritius to dismiss his notice of motion for erasure of an inscription of privilege in the sum of Rs 6.9m over his property, taken under the authority of the Income Tax Act 1995, in respect of income tax for the years 1991–92 to 1994–95 due by a company, Chiniah & Sons Ltd of which he was, until 17 April 1996, a director.”
WLR Daily, 17th April 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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