Archer Structures Ltd. v Griffiths [2003] EWHC 957 (Ch) (30 April 2003)

Archer Structures Ltd. v Griffiths [2003] EWHC 957 (Ch) (30 April 2003)

The name MPJ Contractors Limited is so similar to MPJ Construction Limited as to fall within Section 216, making Mr Griffiths personally liable under Section 217 for the full judgment debt, unaffected by statutory set-off under Rule 4.90, as the set-off does not alter the nature of his joint and several liability.

Source-derived case information.

Citation
[2003] EWHC 957 (Ch)
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 on preliminary issues
Legal Topics
Section 216 Insolvency Act 1986, Section 217 Insolvency Act 1986, Director's Personal Liability, Prohibited Names, Statutory Set Off, Joint and Several Liability
Insolvency Law Company Law Section 216 Insolvency Act 1986 Section 217 Insolvency Act 1986 Director's Personal Liability Prohibited Names Statutory Set Off Joint and Several Liability

Source-derived case record

Summary, issues, holding and outcome

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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, specifically for £80,315.67, accrued interest and costs
  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 fall within Section 216, making Mr Griffiths personally liable under Section 217 for the full judgment debt, unaffected by statutory set-off under Rule 4.90, as the set-off does not alter the nature of his joint and several liability.

Court Disposition

Claim allowed on preliminary issues

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 Miss Hitching's skeleton argument.