Cumbria Roofing Ltd. v Athersmith

Cumbria Roofing Ltd. v Athersmith

The evidence established that Mr Athersmith was involved in the management of Telemeter Engineering Limited while disqualified, and was the only person running the company. The trial judge was entitled to find him personally liable for the contract debt under section 15 of the Company Directors Disqualification Act 1986.

Parties
Claimant/respondent: Cumbria Roofing Limited; Defendant/appellant: Colin Norman Athersmith
Jurisdiction
England and Wales
Judgment Date
04 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal (dismissed)
Outcome
Application for permission to appeal dismissed
Legal Topics
Director Disqualification, Personal Liability of Directors, Contract Formation, Management of Companies
Company Law Contract Law Director Disqualification Personal Liability of Directors Contract Formation Management of Companies

Case Brief

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Parties

Cumbria Roofing Limited

Claimant/respondent

Colin Norman Athersmith

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (dismissed)

Legal Issues

  1. 1 Whether Mr Athersmith was involved in the management of Telemeter Engineering Limited while disqualified under the Company Directors Disqualification Act 1986
  2. 2 Whether Mr Athersmith is personally liable for the contract debt under section 15 of the Company Directors Disqualification Act 1986
  3. 3 Whether the trial judge erred in his findings of fact regarding the contract and Mr Athersmith's role

Ratio Decidendi

The evidence established that Mr Athersmith was involved in the management of Telemeter Engineering Limited while disqualified, and was the only person running the company. The trial judge was entitled to find him personally liable for the contract debt under section 15 of the Company Directors Disqualification Act 1986.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Costs in favour of the respondents, summarily assessed at £8,000