Cumbria Roofing Ltd. v Athersmith

Cumbria Roofing Ltd. v Athersmith

The judge's findings of fact were not likely to be overturned, but there were legal difficulties with the basis for personal liability, specifically whether Mr Athersmith acted as agent for an undisclosed or unidentified principal and whether he was involved in management of TEL/LPD at the relevant time. These issues warranted further consideration at an inter partes hearing.

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; Adjourned for Inter Partes Hearing
Outcome
Application for permission to appeal adjourned for inter partes hearing; execution of judgment stayed; extension of time for filing notice granted; application to rely on fresh evidence refused.
Legal Topics
Personal Liability of Directors, Agency, Company Directors Disqualification, Management of Company While Disqualified
Contract Law Company Law Personal Liability of Directors Agency Company Directors Disqualification 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; Adjourned for Inter Partes Hearing

Legal Issues

  1. 1 Whether Mr Athersmith was personally liable for the contract with Cumbria Roofing Ltd
  2. 2 Whether Mr Athersmith acted as agent for an undisclosed or unidentified principal
  3. 3 Whether involvement in negotiation of a single contract amounts to management under section 15 of the Company Directors Disqualification Act 1986

Ratio Decidendi

The judge's findings of fact were not likely to be overturned, but there were legal difficulties with the basis for personal liability, specifically whether Mr Athersmith acted as agent for an undisclosed or unidentified principal and whether he was involved in management of TEL/LPD at the relevant time. These issues warranted further consideration at an inter partes hearing.

Court Disposition

Application for permission to appeal adjourned for inter partes hearing; execution of judgment stayed; extension of time for filing 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, with appeal to follow immediately if permission granted.
  • Constitution for adjourned hearing to be a court of three, one of whom may be a High Court judge, time estimate half a day.