Official Receiver v Wild [2012] EWHC 4279 (Ch) (17 December 2012)

Official Receiver v Wild [2012] EWHC 4279 (Ch) (17 December 2012)

Mr Wild's conduct as director of the three companies, including aggressive sales techniques, avoidance of consumer protection, failure to deliver contracted benefits, misuse of intellectual property, and continuation of business after appointment of provisional liquidator, 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, with nil assets and substantial liabilities. Disqualification for eight years is appropriate, falling at the top end of the middle bracket.

Citation
[2012] EWHC 4279 (Ch)
Parties
Claimant: Official Receiver; Defendant: David James Wild
Jurisdiction
England and Wales
Judgment Date
17 December 2012
Procedural Posture
Director's Disqualification Claim / Judgment After Trial
Outcome
Director disqualification order made against Mr Wild for eight years.
Legal Topics
Director Disqualification, Insolvency, Commercial Probity, Consumer Protection, Intellectual Property, Sales Practices
Company Law Insolvency Law Director Disqualification Insolvency Commercial Probity Consumer Protection Intellectual Property Sales Practices

Case Brief

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Parties

Official Receiver

Claimant

David James Wild

Defendant

Procedural Posture

Director's Disqualification Claim / Judgment After Trial

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 relevant times
  3. 3 Appropriate period of disqualification

Ratio Decidendi

Mr Wild's conduct as director of the three companies, including aggressive sales techniques, avoidance of consumer protection, failure to deliver contracted benefits, misuse of intellectual property, and continuation of business after appointment of provisional liquidator, 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, with nil assets and substantial liabilities. Disqualification for eight years is appropriate, falling at the top end of the middle bracket.

Court Disposition

Director disqualification order made against Mr Wild for eight years.

Orders

  • Mr Wild is disqualified from acting as director or being concerned in the management of a company for eight years.