Official Receiver v Stojevic & Anor [2006] EWHC 1186 (Ch) (19 April 2007)

Official Receiver v Stojevic & Anor [2006] EWHC 1186 (Ch) (19 April 2007)

The English court has jurisdiction to entertain disqualification proceedings against a foreign shadow director of an English company under section 6 of the Company Directors Disqualification Act 1986, regardless of the director's residence or centre of main interest, and the findings of fact and evaluative judgments (including findings of fraud) in a previous High Court judgment are admissible as prima facie evidence in these proceedings under Rule 3(2) of the 1987 Rules and the developed implied exception, subject to the defendant's right to challenge such findings with direct evidence.

Citation
[2006] EWHC 1186 (Ch)
Parties
Claimant: The Official Receiver; First Defendant: Zvonko Stojevic; Second Defendant: Amanda Lesley Mason
Jurisdiction
England and Wales
Judgment Date
19 April 2007
Procedural Posture
Application for Disqualification Order Under Company Directors Disqualification Act 1986 / Interlocutory Judgment on Jurisdiction and Admissibility of Evidence
Outcome
Application for jurisdiction and admissibility of evidence granted in favour of the claimant.
Legal Topics
Director Disqualification, Jurisdiction, Admissibility of Evidence, Hearsay, Opinion Evidence, Prima Facie Evidence
Company Law Insolvency Law Civil Procedure Director Disqualification Jurisdiction Admissibility of Evidence Hearsay Opinion Evidence +1 more

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Parties

The Official Receiver

Claimant

Zvonko Stojevic

First Defendant

Amanda Lesley Mason

Second Defendant

Procedural Posture

Application for Disqualification Order Under Company Directors Disqualification Act 1986 / Interlocutory Judgment on Jurisdiction and Admissibility of Evidence

Legal Issues

  1. 1 Whether the English court has jurisdiction over a foreign shadow director of an English company for disqualification proceedings under the Company Directors Disqualification Act 1986
  2. 2 Whether findings of fact and evaluative judgments (including findings of fraud) in a previous High Court judgment are admissible as prima facie evidence in subsequent disqualification proceedings

Ratio Decidendi

The English court has jurisdiction to entertain disqualification proceedings against a foreign shadow director of an English company under section 6 of the Company Directors Disqualification Act 1986, regardless of the director's residence or centre of main interest, and the findings of fact and evaluative judgments (including findings of fraud) in a previous High Court judgment are admissible as prima facie evidence in these proceedings under Rule 3(2) of the 1987 Rules and the developed implied exception, subject to the defendant's right to challenge such findings with direct evidence.

Court Disposition

Application for jurisdiction and admissibility of evidence granted in favour of the claimant.

Orders

  • The English court has jurisdiction over the first defendant for the purposes of these disqualification proceedings.
  • The judgment of Toulson J is admissible as prima facie evidence of fraud on the part of the defendant.