Category: disqualification

Cathie and another v Secretary of State for Business, Innovation and Skills – WLR Daily

Posted June 6th, 2012 in appeals, company directors, disqualification, law reports, national insurance by sally

Cathie and another v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 739; [2012] WLR (D) 168

“In the context of determining whether to disqualify a company director for misconduct in the direction of an insolvent company the use of the expression ‘exceptional circumstances’ was better avoided. The expression ‘extenuating circumstances’ was to be preferred, because the fact finder’s task was to consider the evidence as a whole, including extenuating circumstances, and to decide whether the director had fallen below the standards of probity and competence appropriate for persons fit to be company directors.”

WLR Daily, 1st June 2012

Source: www.iclr.co.uk

FSA decides to ban and fine hedge fund CEO Alberto Micalizzi £3 million – Financial Services Authority

Posted May 29th, 2012 in disqualification, financial regulation, fines, press releases by tracey

“The Financial Services Authority (FSA) has today published a decision notice indicating that it has decided to fine Alberto Micalizzi £3 million and ban him from performing any role in regulated financial services for not being fit and proper. This is the FSA’s largest fine for an individual in a non market abuse case.”

Full press release

Financial Services Authority, 29th May 2012

Source: www.fsa.gov.uk

Farepak victims await directors ruling – The Guardian

Posted May 24th, 2012 in company directors, credit unions, disqualification, news by sally

“Victims of the collapse of Christmas hamper firm Farepak could be a step closer to justice as the company’s directors face a judge in London’s high court.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Dog ban for ex Metropolitan Police handler after deaths – BBC News

Posted October 13th, 2011 in disqualification, dogs, news, police by tracey

“A former Metropolitan (Met) Police handler has been banned from owning or keeping dogs for three years after two dogs died in a car during hot weather.”

Full story

BBC News, 12th October 2011

Source: www.bbc.co.uk

More than 10,000 drivers escape ban despite full points – The Independent

Posted August 30th, 2011 in disqualification, driving licences, news by sally

“Thousands of British motorists have been allowed to carry on driving despite having amassed 12 or more penalty points on their licence.”

Full story

The Independent, 28th August 2011

Source: www.independent.co.uk

Key fraudster behind wines and spirits ‘Ponzi’ scheme gets five years – The Guardian

Posted August 18th, 2011 in company directors, disqualification, fraud, news, sentencing, Serious Fraud Office by sally

“One of the key figures behind a Mayfair-fronted Ponzi scheme has been sentenced to five years imprisonment after admitting his part in a multimillion-pound wine and spirits investments fraud targeted at American doctors.”

Full story

The Guardian, 17th August 2011

Source: www.guardian.co.uk

Driver spotted using two mobile phones is banned – BBC News

Posted August 16th, 2011 in careless driving, disqualification, driving licences, fines, news, telecommunications by sally

“A man spotted using two mobile phones while behind the wheel of his car has been banned from driving for 12 months.”

Full story

BBC News, 15th August 2011

Source: www.bbc.co.uk

Former Langbar chief jailed for fraud – The Guardian

Posted June 21st, 2011 in disqualification, fraud, news, sentencing by sally

“The former chief executive of the £357m shell company Langbar International, which collapsed six years ago leaving shareholders with big losses, has been sentenced to 12 months in jail and banned from being a company director for five years. The Serious Fraud Office said he was guilty of ‘fraud on a grand scale’.”

Full story

The Guardian, 20th June 2011

Source: www.guardian.co.uk

Reading text message killer driver jailed – BBC News

Posted April 11th, 2011 in dangerous driving, disqualification, homicide, news, sentencing by sally

“A teenage driver who ploughed into a woman in Reading moments after receiving a text message has been jailed for two-and-a-half years.”

Full story

BBC News, 11th April 2011

Source: www.bbc.co.uk

Shooting councillor Stephen Govier prompts law review – BBC News

Posted February 23rd, 2011 in criminal records, disqualification, firearms, local government, news by sally

“The government is considering a change in the law after the BBC revealed a south London councillor had a gun crime conviction but could not be sacked.”

Full story

BBC News, 22nd February 2011

Source: www.bbc.co.uk

In re Stakefield (Midlands) Ltd and others – WLR Daily

Posted October 14th, 2010 in company directors, disqualification, evidence, human rights, law reports, striking out by sally

In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249

“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”

WLR Daily, 13th October 2010

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.

Driving test fraudster jailed after ‘repeatedly failing client exams’ – Daily Telegraph

Posted August 13th, 2010 in disqualification, driving licences, fraud, news by sally

“A fraudster, Gageen Preet Singh, repeatedly failed driving tests he took on behalf of candidates across Britain despite being paid hundreds of pounds for each exam he sat, a court heard.”

Full story

Daily Telegraph, 13th August 2010

Source: www.telegraph.co.uk

Deane v Secretary of State for Work and Pensions – WLR Daily

Posted June 29th, 2010 in appeals, benefits, carers, disqualification, education, law reports, tribunals by sally

Deane v Secretary of State for Work and Pensions [2010] EWCA Civ 699; [2010] WLR (D) 162

“In determining whether a claimant seeking Carer’s Allowance was ‘receiving full-time education’, so as to be excluded, it was erroneous to ask how many hours were actually spent on the activities which were defined within the applicable Regulations.”

WLR Daily, 28th June 2010

Source: www.lawreports.co.uk

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

Former Wrexham FC chairman’s directorship ban – BBC News

Posted March 31st, 2010 in company directors, disqualification, news, sport by sally

“A former chairman of Wrexham FC has been banned from being a director of any UK company for seven years.”

Full story

BBC News, 30th March 2010

Source: www.bbc.co.uk

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

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 – WLR Daily

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

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.

Secretary of State for Trade and Industry v. Aaron and others – WLR Daily

Posted June 12th, 2007 in company directors, disqualification, expert witnesses, law reports by sally

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.

Secretary of State for Trade and Industry v. Eastaway (No. 2) – WLR Daily

Posted May 14th, 2007 in company directors, disqualification, law reports by sally

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.