the Secretary of State for Business, Energy And Industrial Strategy v Geoghegan & Ors

the Secretary of State for Business, Energy And Industrial Strategy v Geoghegan & Ors

All members of an LLP are potentially liable to face disqualification proceedings under s.6 CDDA as modified by the Regulations, regardless of their involvement in management. There is no statutory limitation confining relevant conduct to those on the management board or equivalent to directors. The Applicants' applications for strike out and summary judgment are dismissed.

Parties
Claimant/respondent: Secretary of State for Business, Energy and Industrial Strategy; First Defendant/applicant: Victoria Louise Geoghegan; Second Defendant/applicant: Nicholas Andrew Lambert; Third Defendant: James Brodie Henderson
Jurisdiction
England and Wales
Judgment Date
23 March 2021
Procedural Posture
Civil (company/llp Disqualification) / Ruling on Application for Strike Out And/or Summary Judgment
Outcome
Applications for strike out and summary judgment dismissed
Legal Topics
Directors' Disqualification, Application of CDDA to Llps, Interpretation of Regulations, Summary Judgment, Strike Out Applications
Company Law Insolvency Law Directors' Disqualification Application of CDDA to Llps Interpretation of Regulations Summary Judgment Strike Out Applications

Case Brief

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Parties

Secretary of State for Business, Energy and Industrial Strategy

Claimant/respondent

Victoria Louise Geoghegan

First Defendant/applicant

Nicholas Andrew Lambert

Second Defendant/applicant

James Brodie Henderson

Third Defendant

Procedural Posture

Civil (company/llp Disqualification) / Ruling on Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Does the Company Directors Disqualification Act 1986 (CDDA) apply to all members of an LLP or only those involved in management?
  2. 2 Is the conduct of non-management members of an LLP relevant for disqualification under s.6 CDDA?
  3. 3 Should the proceedings against the Applicants be struck out or determined summarily?

Ratio Decidendi

All members of an LLP are potentially liable to face disqualification proceedings under s.6 CDDA as modified by the Regulations, regardless of their involvement in management. There is no statutory limitation confining relevant conduct to those on the management board or equivalent to directors. The Applicants' applications for strike out and summary judgment are dismissed.

Court Disposition

Applications for strike out and summary judgment dismissed

Orders

  • Applicants' applications for strike out and summary judgment are dismissed
  • If parties are unable to agree an order, a consequentials hearing may be arranged