Secretary of State for Trade and Industry v Woolf

Secretary of State for Trade and Industry v Woolf

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

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 / Judgment
Outcome
disqualification order granted
Legal Topics
Director Disqualification, Breach of Fiduciary Duty, Failure to Cooperate With Administrative Receivers, Invalid Lease, VAT Avoidance Scheme
Company Law Insolvency Law Director Disqualification Breach of Fiduciary Duty Failure to Cooperate With Administrative Receivers Invalid Lease VAT Avoidance Scheme

Case Brief

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Parties

The Secretary of State for Trade and Industry

Claimant

David Harry Woolf

Defendant

Procedural Posture

Company Directors Disqualification / Judgment

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
  2. 2 Whether Mr Woolf failed to cooperate with administrative receivers in breach of statutory duties
  3. 3 Whether the granting of a lease without consent prejudiced the debenture holder's security

Ratio Decidendi

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

Court Disposition

disqualification order granted

Orders

  • Mr Woolf disqualified from acting as director for 5 years