Official Receiver v Wild

Official Receiver v Wild

Mr Wild's conduct as director of the three companies, including aggressive sales techniques, misuse of intellectual property, circumvention of provisional liquidator orders, failure to provide customers with bargained benefits, and continuation of business through successor companies, rendered him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986. The companies were insolvent at liquidation, triggering liabilities to customers. The appropriate period of disqualification is nine years, falling at the top end of the middle bracket for seriousness.

Parties
Claimant: Official Receiver; Defendant: David James Wild
Jurisdiction
England and Wales
Judgment Date
17 December 2012
Procedural Posture
Director's Disqualification Claim / Judgment
Outcome
Disqualification order made against Mr Wild for nine years.
Legal Topics
Director's Disqualification, Insolvency, Consumer Protection, Intellectual Property, Aggressive Sales Practices
Company Law Insolvency Law Director's Disqualification Insolvency Consumer Protection Intellectual Property Aggressive Sales Practices

Case Brief

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Parties

Official Receiver

Claimant

David James Wild

Defendant

Procedural Posture

Director's Disqualification Claim / Judgment

Legal Issues

  1. 1 Whether Mr Wild's conduct as director of three companies makes him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986
  2. 2 Whether the companies were insolvent at the time of liquidation
  3. 3 Whether aggressive sales techniques and misuse of intellectual property occurred

Ratio Decidendi

Mr Wild's conduct as director of the three companies, including aggressive sales techniques, misuse of intellectual property, circumvention of provisional liquidator orders, failure to provide customers with bargained benefits, and continuation of business through successor companies, rendered him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986. The companies were insolvent at liquidation, triggering liabilities to customers. The appropriate period of disqualification is nine years, falling at the top end of the middle bracket for seriousness.

Court Disposition

Disqualification order made against Mr Wild for nine years.

Orders

  • Mr Wild is disqualified from being concerned in the management of a company for nine years.