Category: company directors

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Serious Fraud Office to ask parliament to grant it new powers – Law Society’s Gazette

Posted May 8th, 2009 in company directors, deferred prosecution agreements, fraud, news by sally

“The Serious Fraud Office is to ask parliament to enhance its powers to fight fraudulent companies and corrupt directors, the Gazette has learned. The investigation and prosecution agency has begun consulting privately with senior lawyers and officials before it approaches parliament later in the year. Sources close to the discussions said the SFO wants powers to fine fraudulent companies and impose deferred prosecutions, as well as legislation requiring companies to report frauds as soon as they are discovered.”

Law Society’s Gazette, 7th May 2009

Source: www.lawgazette.co.uk

Fraud tempts more directors of insolvent companies – The Times

Posted May 6th, 2009 in company directors, fraud, insolvency, news by sally

“The number of directors of insolvent companies disqualified for financial crime is soaring as the recession takes hold, according to government figures.”

The Times, 4th May 2009

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another – Times Law Reports

Posted April 14th, 2009 in company directors, contract of employment, insolvency, law reports, redundancy by sally

Court of Appeal

“A person who was a majority shareholder and director of a company could also be an employee of that company under a contract of employment, even if he had total control of the company.”

The Times, 10th April 2009

Director fined after work death – BBC News

Posted March 3rd, 2009 in company directors, health & safety, news by sally

“A company director has been fined more than £7,000 at Nottingham Crown Court for health and safety breaches after an apprentice died at his workshop.”

BBC News, 2nd March 2009

Source: www.bbc.co.uk

JJB Sports boss Chris Ronnie suspended amid shares inquiry – The Times

Posted January 21st, 2009 in company directors, financial regulation, news by sally

“JJB Sports suspended its chief executive yesterday as the investigation into his lost stake continues. Chris Ronnie admitted last week that the 27.5 per cent stake he controlled in the retailer had reverted to the liquidators of Kaupthing Singer & Friedlander (KSF), his financial backer. Mr Ronnie said he did not know when the shares were disposed of, or at what price.”

The Times, 21st January 2009

Film con man ordered to pay £100K – BBC News

Posted January 9th, 2009 in company directors, fraud, news, proceeds of crime by sally

“The man behind a project to build a film studio at St Agnes in Cornwall has been ordered to forfeit £100,000 at a court hearing.”

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

BBC News, 9th January 2009

Source: www.bbc.co.uk

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Posted July 30th, 2008 in company directors, foreign companies, judgments, jurisdiction, law reports by sally

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th July 2008

Franbar Holdings Ltd v Patel and others [2008] EWHC 1534 (Ch); [2008] WLR (D) 220

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Franbar Holdings Ltd v Patel and others – WLR Daily

Posted July 4th, 2008 in company directors, derivative claims, law reports, shareholders by sally

“Where the question of ratification arose in the context of an application to continue a derivative claim, under s 261 of the Companies Act 2006, the court should ask itself whether the ratification had the effect that the claimant was being improperly prevented from bringing the claim on behalf of the company. That also applied where the connected person provisions in s 239 were not satisfied but there was still actual wrongdoer control by which there had been a diversion of assets to persons associated with the wrongdoer, albeit not connected in the sense provided by s 239(4).”

WLR Daily, 3rd July 2008

Oxford Legal Group Ltd v Sibbasbridge Services plc and Another

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Oxford Legal Group Ltd v Sibbasbridge Services plc and Another – Times Law Reports

Posted May 15th, 2008 in accounts, company directors, law reports by sally

Court of Appeal

“The court could refuse to enforce the right to inspect a company’s accounts, not only where the purpose for which the inspection was sought was to injure the company, but also where the purpose was improper.”

The Times, 15th May 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAE review seeks bribery controls – BBC News

Posted May 6th, 2008 in bribery, company directors, news by sally

“A review into business practices at defence firm BAE Systems has called for tougher anti-bribery measures.”

The Oxford Legal Group Ltd v Sibbasbridge Services Plc and Another [2008] EWCA Civ 387; [2008] WLR (D) 121

BBC News, 6th May 2008

Source: www.bbc.co.uk

Related link: Ethical business conduct in BAE Systems (PDF)

The Oxford Legal Group Ltd v Sibbasbridge Services Plc and Another – WLR Daily

Posted April 22nd, 2008 in accounts, company directors, law reports by sally

“The court would refuse to enforce the right of a director to inspect a company’s accounts pursuant to s 222 of the Companies Act 1985 where the purpose of the proposed inspection was to injure the company or was improper.”

WLR Daily, 21st April 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Times Law Panel debate: OFT plans to bring more criminal prosecutions – The Times

Posted April 16th, 2008 in company directors, competition, prosecutions, special report by sally

“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

‘Internet sperm’ founder jailed – BBC News

Posted April 9th, 2008 in company directors, fraud, news, sentencing by sally

“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.”

Gemma Ltd (in liquidation) v Davies and Another

BBC News, 8th April 2008

Source: www.bbc.co.uk

Gemma Ltd (in liquidation) v Davies and Another – Times Law Reports

Posted April 4th, 2008 in company directors, law reports, misfeasance by sally

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

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation) – WLR Daily

Posted March 19th, 2008 in company directors, insolvency, law reports, married persons by sally

“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

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

4,000 company directors listed as global terror suspects and fraudsters – The Times

Posted February 21st, 2008 in company directors, news by sally

“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

Contex Drouzhba Ltd v Wiseman and Another

Contex Drouzhba Ltd v Wiseman and Another – Times Law Reports

Posted January 8th, 2008 in company directors, fraud, law reports by sally

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

Secretary of State for Trade and Industry v Vohora and Another

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 – Times Law Reports

Posted December 10th, 2007 in company directors, disqualification, law reports, time limits by sally

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

Secretary of State for Trade and Industry v Vohora and another [2007] EWHC 2656 (Ch)

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 – WLR Daily

Posted November 19th, 2007 in company directors, disqualification, law reports, time limits by sally

“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