Secretary of State for Business, Innovation and Skills v Gifford & Ors [2011] EWHC 3022 (Ch) (21 November 2011)

Secretary of State for Business, Innovation and Skills v Gifford & Ors [2011] EWHC 3022 (Ch) (21 November 2011)

Permission to bring disqualification proceedings out of time is granted where the Secretary of State shows a fairly arguable and serious case, the delay is reasonably explained, and any prejudice to the defendants is not compelling enough to outweigh the public interest in proceeding.

Citation
[2011] EWHC 3022 (Ch)
Parties
Claimant: THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS; First Defendant: MARIA HELENA GIFFORD; Second Defendant: LUMLEY MANAGEMENT LIMITED; Third Defendant: BRADLEY JOHN ROSSER; Fourth Defendant: JAMES BERNARD MOORE
Jurisdiction
England and Wales
Judgment Date
21 November 2011
Procedural Posture
Application for Permission to Bring Disqualification Proceedings Under Company Directors Disqualification Act 1986 / Permission Application Under Section 7(2) CDDA After Expiry of Two Year Period
Outcome
Permission granted to bring disqualification proceedings against all four defendants.
Legal Topics
Directors' Disqualification, Delay in Proceedings, Sham Arrangements, Misrepresentation to HMRC, Public Interest in Director Conduct
Company Law Insolvency Law Directors' Disqualification Delay in Proceedings Sham Arrangements Misrepresentation to HMRC Public Interest in Director Conduct

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Parties

THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS

Claimant

MARIA HELENA GIFFORD

First Defendant

LUMLEY MANAGEMENT LIMITED

Second Defendant

BRADLEY JOHN ROSSER

Third Defendant

JAMES BERNARD MOORE

Fourth Defendant

Procedural Posture

Application for Permission to Bring Disqualification Proceedings Under Company Directors Disqualification Act 1986 / Permission Application Under Section 7(2) CDDA After Expiry of Two Year Period

Legal Issues

  1. 1 Whether permission should be granted to bring disqualification proceedings against directors after expiry of two-year period under section 7(2) CDDA
  2. 2 Whether the Secretary of State has shown a fairly arguable case against each defendant
  3. 3 Whether the delay in bringing proceedings is adequately explained and justified

Ratio Decidendi

Permission to bring disqualification proceedings out of time is granted where the Secretary of State shows a fairly arguable and serious case, the delay is reasonably explained, and any prejudice to the defendants is not compelling enough to outweigh the public interest in proceeding.

Court Disposition

Permission granted to bring disqualification proceedings against all four defendants.

Orders

  • Permission granted to the Secretary of State to bring disqualification proceedings against Maria Helena Gifford, Lumley Management Limited, Bradley John Rosser, and James Bernard Moore.