Secretary of State for Trade and Industry v Bell Davies Trading Ltd. & Anor

Secretary of State for Trade and Industry v Bell Davies Trading Ltd. & Anor

The evidence shows or suggests that both new and existing quota companies applying for 2004 licences were controlled by BDT at the time of application, thus BDT and KTA cannot be granted declarations that they would not breach their undertaking by managing those licences.

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
Winding Up Petition / Post Judgment Application for Declarations
Outcome
applications dismissed
Legal Topics
Winding Up, Import Quotas, Control of Companies, EC Regulations, Undertakings
Company Law EU Law Administrative Law Winding Up Import Quotas Control of Companies EC Regulations Undertakings

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Parties

The Secretary of State for Trade and Industry

Claimant

Bell Davies Trading Ltd

Defendant

KTA Limited

Defendant

Procedural Posture

Winding Up Petition / Post Judgment Application for Declarations

Legal Issues

  1. 1 Whether quota companies applying for 2004 licences were controlled by BDT at the time of application
  2. 2 Whether BDT and KTA would be in breach of their undertaking by managing 2004 quota licences
  3. 3 Whether the method of operation in 2003 negated control by BDT

Ratio Decidendi

The evidence shows or suggests that both new and existing quota companies applying for 2004 licences were controlled by BDT at the time of application, thus BDT and KTA cannot be granted declarations that they would not breach their undertaking by managing those licences.

Court Disposition

applications dismissed

Orders

  • Declarations sought by BDT and KTA are refused.
  • Undertaking given by BDT, KTA and their directors remains in force.