The Secretary of State for Business, Energy And Industrial Strategy v Domingo & Ors [2019] EWHC 578 (Ch) (28 February 2019)

The Secretary of State for Business, Energy And Industrial Strategy v Domingo & Ors [2019] EWHC 578 (Ch) (28 February 2019)

Both Mr Emery and Mr Wiggins were found unfit to be concerned in the management of a company. Mr Emery was responsible for and indifferent to misrepresentations in marketing materials and failed to maintain adequate accounting records. Mr Wiggins, despite some due diligence, knew or should have known of the misrepresentations and failed to correct them. Their conduct fell below the standards of probity and competence required of company directors, justifying disqualification under section 6 of the Company Directors' Disqualification Act 1986.

Citation
[2019] EWHC 578 (Ch)
Parties
Claimant: The Secretary of State for Business, Energy and Industrial Strategy; First Defendant: Anthony Jon Domingo Armstrong-Emery; Second Defendant: Xavier Charles Claude Wiggins
Jurisdiction
England and Wales
Judgment Date
28 February 2019
Procedural Posture
Director Disqualification Proceedings / Judgment After Trial
Outcome
Disqualification orders made against both defendants.
Legal Topics
Director Disqualification, Misrepresentation, Corporate Governance, Duties of Directors, Investor Protection
Company Law Insolvency Law Director Disqualification Misrepresentation Corporate Governance Duties of Directors Investor Protection

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Parties

The Secretary of State for Business, Energy and Industrial Strategy

Claimant

Anthony Jon Domingo Armstrong-Emery

First Defendant

Xavier Charles Claude Wiggins

Second Defendant

Procedural Posture

Director Disqualification Proceedings / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Emery and Mr Wiggins are unfit to be concerned in the management of a company under section 6 of the Company Directors' Disqualification Act 1986 due to misrepresentations and failures in corporate governance.

Ratio Decidendi

Both Mr Emery and Mr Wiggins were found unfit to be concerned in the management of a company. Mr Emery was responsible for and indifferent to misrepresentations in marketing materials and failed to maintain adequate accounting records. Mr Wiggins, despite some due diligence, knew or should have known of the misrepresentations and failed to correct them. Their conduct fell below the standards of probity and competence required of company directors, justifying disqualification under section 6 of the Company Directors' Disqualification Act 1986.

Court Disposition

Disqualification orders made against both defendants.

Orders

  • Mr Emery disqualified from acting as a director or being concerned in the management of a company for 12 years.
  • Mr Wiggins disqualified from acting as a director or being concerned in the management of a company for 6 years.