Secretary of State for Trade and Industry v Bell Davies Trading Ltd. & Anor [2004] EWHC 20 (Ch) (16 January 2004)

Secretary of State for Trade and Industry v Bell Davies Trading Ltd. & Anor [2004] EWHC 20 (Ch) (16 January 2004)

The evidence did not establish any material change in the relationship between BDT and the quota companies for 2004 compared to previous years. Both new and existing quota companies were controlled by BDT at the time of licence applications, and thus the undertaking applies. The declarations sought by BDT and KTA are refused.

Citation
[2004] EWHC 20 (Ch)
Parties
Claimant: The Secretary of State for Trade and Industry; Defendant: Bell Davies Trading Ltd; Defendant: KTA Limited
Jurisdiction
England and Wales
Judgment Date
16 January 2004
Procedural Posture
Ordinary Applications for Declarations in Winding Up Proceedings / Post Judgment Application for Declarations Following Undertakings
Outcome
Applications dismissed
Legal Topics
Winding Up Petitions, Import Licence Quotas, Control of Companies, Undertakings to Court, EC Regulation Compliance
Company Law European Union Law Administrative Law Winding Up Petitions Import Licence Quotas Control of Companies Undertakings to Court EC Regulation Compliance

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Parties

The Secretary of State for Trade and Industry

Claimant

Bell Davies Trading Ltd

Defendant

KTA Limited

Defendant

Procedural Posture

Ordinary Applications for Declarations in Winding Up Proceedings / Post Judgment Application for Declarations Following Undertakings

Legal Issues

  1. 1 Whether BDT and KTA controlled quota companies at the time of 2004 licence applications
  2. 2 Whether BDT and KTA would be in breach of their undertaking by managing 2004 quota licences
  3. 3 Whether the evidence supports a finding of lack of control over quota companies for 2004

Ratio Decidendi

The evidence did not establish any material change in the relationship between BDT and the quota companies for 2004 compared to previous years. Both new and existing quota companies were controlled by BDT at the time of licence applications, and thus the undertaking applies. The declarations sought by BDT and KTA are refused.

Court Disposition

Applications dismissed

Orders

  • Declarations sought by BDT and KTA refused
  • Undertaking given by BDT, KTA, and directors remains in force as previously ordered