Archer Structures Ltd. v Griffiths

Archer Structures Ltd. v Griffiths

The name MPJ Contractors Limited is so similar to MPJ Construction Limited as to suggest an association, making it a prohibited name under Section 216. Mr Griffiths, as director, is personally liable for the full judgment debt under Section 217, and statutory set-off under Rule 4.90 does not limit his liability as joint and several debtor.

Parties
Claimant: Archer Structures Limited; Defendant: Christopher Griffiths
Jurisdiction
England and Wales
Judgment Date
30 April 2003
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
Claim allowed
Legal Topics
Phoenix Companies, Director Liability, Prohibited Names, Joint and Several Liability, Statutory Set Off
Insolvency Law Company Law Phoenix Companies Director Liability Prohibited Names Joint and Several Liability Statutory Set Off

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Parties

Archer Structures Limited

Claimant

Christopher Griffiths

Defendant

Procedural Posture

Civil / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Mr Griffiths was subject to the restriction under Section 216(3) of the Insolvency Act 1986
  2. 2 Whether Mr Griffiths is personally responsible for the debts of MPJ Contractors Ltd under Section 217
  3. 3 Whether Mr Griffiths can defend the claim on grounds of statutory set-off under Rule 4.90 of the Insolvency Rules 1986

Ratio Decidendi

The name MPJ Contractors Limited is so similar to MPJ Construction Limited as to suggest an association, making it a prohibited name under Section 216. Mr Griffiths, as director, is personally liable for the full judgment debt under Section 217, and statutory set-off under Rule 4.90 does not limit his liability as joint and several debtor.

Court Disposition

Claim allowed

Orders

  • Mr Griffiths is personally liable for the judgment debt of £80,315.67 plus accrued interest and costs.
  • Mr Griffiths cannot defend the claim on the grounds of statutory set-off or arguments in paragraph 11 of the defence or paragraph 6.2 of the skeleton argument.