Secretary of State for Trade and Industry v Woolf [2009] EWHC 1796 (Ch) (19 June 2009)

Secretary of State for Trade and Industry v Woolf [2009] EWHC 1796 (Ch) (19 June 2009)

Mr Woolf's conduct in granting a lease without consent of the debenture holder, subsequent reliance on its validity, and cumulative lack of cooperation with administrative receivers fell below the standards required of company directors and merited a disqualification order.

Citation
[2009] EWHC 1796 (Ch)
Parties
Claimant: The Secretary of State for Trade and Industry; Defendant: David Harry Woolf
Jurisdiction
England and Wales
Judgment Date
19 June 2009
Procedural Posture
Company Directors Disqualification Application / Judgment on Application for Disqualification Order
Outcome
Disqualification order granted against Mr Woolf for 5 years.
Legal Topics
Directors' Disqualification, Breach of Fiduciary Duty, Failure to Cooperate With Administrative Receivers, Validity of Leases, Insolvency Proceedings
Company Law Insolvency Law Directors' Disqualification Breach of Fiduciary Duty Failure to Cooperate With Administrative Receivers Validity of Leases Insolvency Proceedings

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Parties

The Secretary of State for Trade and Industry

Claimant

David Harry Woolf

Defendant

Procedural Posture

Company Directors Disqualification Application / Judgment on Application for Disqualification Order

Legal Issues

  1. 1 Whether Mr Woolf's conduct as director of Brampton Manor (Leisure) Limited rendered him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986
  2. 2 Whether Mr Woolf failed to cooperate with administrative receivers in breach of section 235 of the Insolvency Act 1986
  3. 3 Whether the granting of a lease without consent prejudiced the debenture holder

Ratio Decidendi

Mr Woolf's conduct in granting a lease without consent of the debenture holder, subsequent reliance on its validity, and cumulative lack of cooperation with administrative receivers fell below the standards required of company directors and merited a disqualification order.

Court Disposition

Disqualification order granted against Mr Woolf for 5 years.

Orders

  • Mr Woolf disqualified from acting as director for 5 years