Cumbria Roofing Ltd. v Athersmith [2005] EWCA Civ 1442 (04 November 2005)

Cumbria Roofing Ltd. v Athersmith [2005] EWCA Civ 1442 (04 November 2005)

The judge was entitled to find, on the evidence, that Mr Athersmith was involved in the management of Telemeter Engineering Limited while disqualified, and is therefore personally liable for the contract debt under section 15 of the Company Directors Disqualification Act 1986.

Citation
[2005] EWCA Civ 1442
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 Under Company Directors Disqualification Act 1986, Management of Company by Disqualified Person, Contract Formation
Company Law Contract Law Director Disqualification Personal Liability Under Company Directors Disqualification Act 1986 Management of Company by Disqualified Person Contract Formation

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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 1986 Act
  3. 3 Whether the contract was made with Telemeter Engineering Limited or Drawglobe Limited

Ratio Decidendi

The judge was entitled to find, on the evidence, that Mr Athersmith was involved in the management of Telemeter Engineering Limited while disqualified, and is therefore 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