The Secretary of State for Business, Innovation And Skills v Weston & Anor [2014] EWHC 2933 (Ch) (05 September 2014)

The Secretary of State for Business, Innovation And Skills v Weston & Anor [2014] EWHC 2933 (Ch) (05 September 2014)

It is an abuse of process for the High Court to entertain a civil application for disqualification under s2 Company Directors Disqualification Act 1986 where the Crown Court has already considered and refused to make such an order on the same facts and conviction. The defendants should not be exposed to the same claim twice, even if brought by different arms of the state.

Citation
[2014] EWHC 2933 (Ch)
Parties
Claimant: The Secretary of State for Business, Innovation and Skills; Defendant: Brandon Weston; Defendant: David Christopher Williams
Jurisdiction
England and Wales
Judgment Date
05 September 2014
Procedural Posture
Civil / Judgment
Outcome
claim dismissed as abuse of process
Legal Topics
Director Disqualification, Abuse of Process, Fraud, False Instruments, Double Jeopardy, Collateral Attack
Company Law Insolvency Law Criminal Law Director Disqualification Abuse of Process Fraud False Instruments Double Jeopardy +1 more

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Parties

The Secretary of State for Business, Innovation and Skills

Claimant

Brandon Weston

Defendant

David Christopher Williams

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the High Court can make disqualification orders under s2 Company Directors Disqualification Act 1986 after the Crown Court declined to do so
  2. 2 Whether the present proceedings constitute an abuse of process

Ratio Decidendi

It is an abuse of process for the High Court to entertain a civil application for disqualification under s2 Company Directors Disqualification Act 1986 where the Crown Court has already considered and refused to make such an order on the same facts and conviction. The defendants should not be exposed to the same claim twice, even if brought by different arms of the state.

Court Disposition

claim dismissed as abuse of process