The Secretary of State for Business, Energy And Industrial Strategy v Domingo & Ors

The Secretary of State for Business, Energy And Industrial Strategy v Domingo & Ors

Mr Emery was found unfit to be a director due to deliberate and serious failures, including causing or allowing Developments and Group to make false and misleading representations to investors about land ownership, government approval, and investment security, and failing to maintain adequate accounting records. Mr Wiggins was not found unfit, as he reasonably relied on Mr Emery’s assurances, undertook reasonable due diligence, and his mistakes were honest and not grossly negligent given his role and expertise.

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 order made against Mr Emery for 14 years; no order against Mr Wiggins.
Legal Topics
Director Disqualification, Misrepresentation, Corporate Governance, Duties of Directors, Insolvent Liquidation
Company Law Insolvency Law Director Disqualification Misrepresentation Corporate Governance Duties of Directors Insolvent Liquidation

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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
  2. 2 Whether Developments and Group made misrepresentations to investors regarding land ownership, government approval, and investment security
  3. 3 Whether Mr Emery and/or Mr Wiggins caused or allowed the companies to fail to maintain adequate accounting records

Ratio Decidendi

Mr Emery was found unfit to be a director due to deliberate and serious failures, including causing or allowing Developments and Group to make false and misleading representations to investors about land ownership, government approval, and investment security, and failing to maintain adequate accounting records. Mr Wiggins was not found unfit, as he reasonably relied on Mr Emery’s assurances, undertook reasonable due diligence, and his mistakes were honest and not grossly negligent given his role and expertise.

Court Disposition

Disqualification order made against Mr Emery for 14 years; no order against Mr Wiggins.

Orders

  • Mr Emery disqualified from acting as a director or being concerned in the management of a company for 14 years under section 6 of the Company Directors’ Disqualification Act 1986.
  • No disqualification order made against Mr Wiggins.