Secretary of State for Business Energy And Industrial Strategy v Celtic Consultancy & Enterprises Ltd & Ors

Secretary of State for Business Energy And Industrial Strategy v Celtic Consultancy & Enterprises Ltd & Ors

Haoma (UK) Ltd was ordered to be wound up on public interest grounds due to lack of transparency, failure to explain substantial payments, and failure to file statutory accounts, which together demonstrated inherently objectionable conduct and a want of probity. In contrast, CCE and PMC, through Mr Howells, provided credible explanations, cooperated with investigations, and there was no evidence of dishonesty or impropriety; thus, no public interest was identified in winding them up.

Parties
Petitioner: Secretary of State for Business Energy and Industrial Strategy; Respondent: Celtic Consultancy & Enterprises Limited; Respondent: Celtic PMC Ltd; Respondent: Haoma (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
12 May 2021
Procedural Posture
Winding Up Petitions (public Interest) / Judgment After Trial
Outcome
Haoma (UK) Ltd to be wound up; petitions against CCE and PMC dismissed.
Legal Topics
Winding Up on Just and Equitable Grounds, Lack of Commercial Probity, Transparency in Company Affairs, Section 124 a Insolvency Act 1986, Section 447 Companies Act 1985 Investigations
Insolvency Law Company Law Public Interest Litigation Winding Up on Just and Equitable Grounds Lack of Commercial Probity Transparency in Company Affairs Section 124 a Insolvency Act 1986 Section 447 Companies Act 1985 Investigations

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Parties

Secretary of State for Business Energy and Industrial Strategy

Petitioner

Celtic Consultancy & Enterprises Limited

Respondent

Celtic PMC Ltd

Respondent

Haoma (UK) Ltd

Respondent

Procedural Posture

Winding Up Petitions (public Interest) / Judgment After Trial

Legal Issues

  1. 1 Whether it is just and equitable and in the public interest to wind up Haoma (UK) Ltd, Celtic Consultancy & Enterprises Limited, and Celtic PMC Ltd under s.124A Insolvency Act 1986 due to lack of commercial probity and transparency.

Ratio Decidendi

Haoma (UK) Ltd was ordered to be wound up on public interest grounds due to lack of transparency, failure to explain substantial payments, and failure to file statutory accounts, which together demonstrated inherently objectionable conduct and a want of probity. In contrast, CCE and PMC, through Mr Howells, provided credible explanations, cooperated with investigations, and there was no evidence of dishonesty or impropriety; thus, no public interest was identified in winding them up.

Court Disposition

Haoma (UK) Ltd to be wound up; petitions against CCE and PMC dismissed.

Orders

  • Order that Haoma (UK) Ltd be wound up on public interest grounds under s.124A Insolvency Act 1986.
  • Petitions to wind up Celtic Consultancy & Enterprises Limited and Celtic PMC Ltd dismissed.