Cumbria Roofing Ltd. v Athersmith [2005] EWCA Civ 1098 (29 June 2005)

Cumbria Roofing Ltd. v Athersmith [2005] EWCA Civ 1098 (29 June 2005)

The judge's findings of fact were not open to successful challenge on appeal, but there were legal difficulties with the application of agency law and section 15 of the 1986 Act to the facts as found. The judge's reasoning on personal liability as agent for an undisclosed principal and under section 15 was inconsistent and required further consideration.

Citation
[2005] EWCA Civ 1098
Parties
Claimant/respondent: Cumbria Roofing Limited; Defendant/applicant: Colin Norman Athersmith
Jurisdiction
England and Wales
Judgment Date
29 June 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal adjourned for hearing on notice to respondent; execution of judgment stayed; extension of time for filing appellant's notice granted; application to rely on fresh evidence refused.
Legal Topics
Personal Liability of Directors, Agency—undisclosed Principal, Company Directors Disqualification Act 1986 S.15, Management of Company While Disqualified
Contract Law Company Law Insolvency Law Personal Liability of Directors Agency—undisclosed Principal Company Directors Disqualification Act 1986 S.15 Management of Company While Disqualified

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Parties

Cumbria Roofing Limited

Claimant/respondent

Colin Norman Athersmith

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mr Athersmith was personally liable for the contract as agent for an undisclosed principal
  2. 2 Whether Mr Athersmith was personally liable under section 15 of the Company Directors Disqualification Act 1986 for being involved in the management of a company while disqualified

Ratio Decidendi

The judge's findings of fact were not open to successful challenge on appeal, but there were legal difficulties with the application of agency law and section 15 of the 1986 Act to the facts as found. The judge's reasoning on personal liability as agent for an undisclosed principal and under section 15 was inconsistent and required further consideration.

Court Disposition

Application for permission to appeal adjourned for hearing on notice to respondent; execution of judgment stayed; extension of time for filing appellant's notice granted; application to rely on fresh evidence refused.

Orders

  • Application for permission to appeal adjourned to a hearing on notice to Cumbria Roofing Ltd.
  • Appeal to follow immediately if permission granted by full court.