Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others: [2014] EWCA Civ 715; [2014] WLR (D) 239

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

‘Dodgy directors’: Tougher sanctions could see them paying compensation – The Independent

Posted April 22nd, 2014 in bills, company directors, compensation, news, sanctions, victims by sally

‘The Government is to introduce a law imposing tougher penalties on “rogue and reckless” company directors that could see them paying compensation to victims.’

Full story

The Independent, 19th April 2014

Source: www.independent.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others [2013] EWHC 4112 (QB); [2013] WLR (D) 9

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Birmingham fake money: Four jailed for £1.3m counterfeit scam – BBC News

‘Four men have been jailed for making more than £1.3m worth of counterfeit £10 notes.’

Full story

BBC News, 13th January 2014

Source: www.bbc.co.uk

 

Regina v Wilson (Michael) – WLR Daily

Posted October 25th, 2013 in company directors, crime, health & safety, indictments, law reports by sally

Regina v Wilson (Michael) [2013] EWCA Crim 1780 ; [2013] WLR (D) 404

“Article 32(8) of the Regulatory Reform (Fire Safety) Order 2005 did not create a discrete offence, but an indictment containing a charge which referred only to article 32(8), and not to the other article in combination with which it created an offence, was not a nullity and a conviction might, despite the material irregularity, be considered safe.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Eclairs Group Ltd and another v JKX Oil & Gas plc and others – WLR Daily

Eclairs Group Ltd and another v JKX Oil & Gas plc and others [2013] EWHC 2631 (Ch); [2013] WLR (D) 373

“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”

WLR Daily, 30th August 2013

Source: www.iclr.co.uk

Olympus to be prosecuted by UK fraud agency – BBC News

Posted September 4th, 2013 in accounts, company directors, company law, fraud, guilty pleas, news, prosecutions, sentencing by sally

“Japanese camera and medical equipment maker Olympus and its UK subsidiary Gyrus Group will be prosecuted by the UK’s Serious Fraud Office.”

Full story

BBC News, 4th September 2013

Source: www.bbc.co.uk

New directors’ remuneration reporting regime will come into force from October – OUT-LAW.com

Posted August 16th, 2013 in company directors, news, regulations, remuneration, reports by tracey

“Companies should prepare now for the introduction of new rules governing the information that they must include in their directors’ remuneration reports, an expert has said.”

Full story

OUT-LAW.com, 15th August 2013

Source: www.out-law.com

Regina v Sale – WLR Daily

Regina v Sale [2013] EWCA Crim 1306; [2013] WLR (D) 304

“Where the defendant was the sole shareholder of a company for which he had secured commercial contracts by corruption, the assessment of the defendant’s criminal benefit for the purposes of a confiscation order could not be based on the turnover from the contracts because that would be disproportionate but should be restricted to the gross profit earned by the company together with any other pecuniary advantage which flowed from the corruption.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Regulator sees case against iSoft collapse over missing file – The Guardian

Posted July 23rd, 2013 in company directors, documents, financial regulation, news, retrials by tracey

“The city regulator has suffered a huge blow to its reputation after one of its biggest financial crime cases, against four former company directors of iSoft, collapsed over a missing file.”

Full story

The Guardian, 22nd July 2013

Source: www.guardian.co.uk

Courts could force directors to compensate creditors, under Government plans – OUT-LAW.com

“Courts could be given the power to order disqualified company directors to compensate creditors who have lost money as a result of their actions, under plans being considered by the Government.”

Full story

OUT-LAW.com, 16th July 2013

Source: www.out-law.com

Hospital bosses face prosecution over care failings – The Independent

Posted July 4th, 2013 in care homes, company directors, fines, hospitals, news, quality assurance by sally

“Hospital and care home managers who allow neglect and abuse to take place on their watch could face criminal prosecution and unlimited fines under new Government plans designed to restore trust in the health service after a series of high profile NHS scandals.”

Full story

The Independent, 4th July 2013

Source: www.independent.co.uk

New directors’ pay reporting requirements on course for October as final regulations published – OUT-LAW.com

Posted June 28th, 2013 in company directors, company law, news, remuneration, reports by tracey

“Changes to the information that companies must include in their remuneration
reports are set to come into force from 1 October following the Government’s
publication of the final rules.”

Full story

OUT-LAW.com, 27th June 2013

Source: www.out-law.com

“Legislating for Responsible Capitalism”. A paper by Stephen Hockman QC – Six Pump Court

“Stephen Hockman QC has written a paper published by the Policy Network, entitled ‘Legislating for Responsible Capitalism: what it means in practice’.”

In the paper, he explores the legal amendments available to improve the monitoring, transparency and accountability of corporate practice.”

Full story (PDF)

Six Pump Court, 19th June 2013

Soruce: www.6pumpcourt.co.uk

Directors’ duties – A practical guide for insolvency practitioners – 11 Stone Buildings

Posted June 18th, 2013 in company directors, company law, insolvency, news by sally

“In this note Marcia Shekerdemian takes a closer look at the statutory codification of directors’ duties under the Companies Act 2006 (‘CA’) by reference to key case law, making this a highly practical guide for IPs who are considering bringing misfeasance claims under section 212 of the Insolvency Act 1986 (‘IA’).”

Full story (PDF)

11 Stone Buildings, June 2013

Source: www.11sb.com

Brumder v Motornet Service and Repairs Ltd and another – WLR Daily

Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102

“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

What a tangled web… – NearlyLegal

Posted February 18th, 2013 in company directors, consumer credit, loans, news, tribunals, winding up by sally

“Since our post on Barons Finance Limited, we’ve heard various things about the property and landlord related activities of Barons Finance and assorted other companies under the control of Dharam Prakash Gopee. As it appears that Mr Gopee has on at least one occasion continued to pursue proceedings (including appearing in the appeal permission in the last post) for Barons Finance Limited, despite the company having been wound up and a liquidator having been appointed by the Court, we hope this post might be of use for people acting for Defendants in possession proceedings, duty scheme advisers and hopefully members of the judiciary who are unaware of the relevant court decisions and orders.”

Full story

NearlyLegal, 17th February 2013

Source: www.nearlylegal.co.uk

Media Protection Services Ltd v Crawford and another – WLR Daily

Posted August 24th, 2012 in company directors, copyright, informations, law reports, magistrates, solicitors by sally

Media Protection Services Ltd v Crawford and another [2012] EWHC 2373 (Admin); [2012] WLR (D) 250

“The laying of an information by a director of a private limited company, acting for reward on behalf of a client in the course of its business, constituted acting as a solicitor within the meaning and in breach of section 20 of the Solicitors Act 1974 and carrying on a reserved legal activity, namely the conduct of litigation, contrary to the Legal Services Act 2007, with the result that the proceedings were void.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk

Jury in FSA’s iSoft trial fail to return a verdict – The Guardian

Posted August 9th, 2012 in company directors, financial regulation, juries, news, retrials by sally

“Three ex-company directors accused of helping the owner of Barnsley football club make millions by concocting ‘fairytale’ financial results for software firm iSoft are facing a retrial after a jury failed to return a verdict on Wednesday.”

Full story

The Guardian, 8th August 2012

Source: www.guardian.co.uk

Age limits in the boardroom – Cloisters

Posted August 7th, 2012 in age discrimination, company directors, diversity, news, women by sally

“As Lord Davies reported in February 2011, at the current rate of change it will take over 70 years to achieve gender-balanced boardrooms in the UK. Almost a decade ago, the Higgs review of the role and
effectiveness of non-executive directors called for greater diversity among board directors, but the response on this front has been poor. Given that encouragement has failed, it is no wonder
that plans are afoot to prod listed companies into increasing the number of women on their boards.”

Full story (PDF)

Cloisters, August 2012

Source: www.cloisters.com