Secretary of State for Trade and Industry v Gee & Anor

Secretary of State for Trade and Industry v Gee & Anor

Both Mr Smedley and Mr Gee were found to have orchestrated, participated in, or knowingly permitted substantial fraud against GE Commercial Finance Ltd and deliberate non-payment of Crown debts, rendering them unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986.

Parties
Claimant: THE SECRETARY OF STATE FOR TRADE AND INDUSTRY; Defendant: DAVID NEASHAM GEE; Defendant: KEVIN SMEDLEY
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Application Under Company Directors Disqualification Act 1986 / Judgment
Outcome
Disqualification order granted against both defendants.
Legal Topics
Director Disqualification, Fraud, Misrepresentation, Non Payment of Crown Debts, Company Management, Financial Reporting
Company Law Insolvency Law Director Disqualification Fraud Misrepresentation Non Payment of Crown Debts Company Management Financial Reporting

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Parties

THE SECRETARY OF STATE FOR TRADE AND INDUSTRY

Claimant

DAVID NEASHAM GEE

Defendant

KEVIN SMEDLEY

Defendant

Procedural Posture

Application Under Company Directors Disqualification Act 1986 / Judgment

Legal Issues

  1. 1 Whether David Neasham Gee and Kevin Smedley should be disqualified from acting as directors under the Company Directors Disqualification Act 1986 due to fraud and non-payment of Crown debts

Ratio Decidendi

Both Mr Smedley and Mr Gee were found to have orchestrated, participated in, or knowingly permitted substantial fraud against GE Commercial Finance Ltd and deliberate non-payment of Crown debts, rendering them unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986.

Court Disposition

Disqualification order granted against both defendants.

Orders

  • Kevin Smedley disqualified from acting as director for 12 years.
  • David Neasham Gee disqualified from acting as director for 12 years.