Secretary of State for Trade & Industry v Hollier & Ors

Secretary of State for Trade & Industry v Hollier & Ors

The Secretary of State failed to prove that Jayson Hollier was a de facto director or unfit; the evidence established that Adrian Hollier and Barbara Ann Hollier acted as de facto directors and engaged in conduct making them unfit to be concerned in company management, justifying disqualification orders under s.8 of the 1986 Act.

Parties
Claimant: Secretary of State for Trade and Industry; Defendant: Dennis George Hollier; Defendant: Jayson Wayne Hollier; Defendant: Adrian Dennis Hollier; Defendant: Barbara Ann Hollier (aka Annie Hollier); Defendant: David Clarkson; Defendant: Robert Anthony Bell
Jurisdiction
England and Wales
Judgment Date
17 July 2006
Procedural Posture
Disqualification Proceedings / Judgment After Trial
Outcome
Case against Jayson Hollier dismissed; disqualification orders to be made against Adrian Hollier and Barbara Ann Hollier; period of disqualification to be determined at a later hearing.
Legal Topics
Director Disqualification, De Facto Director, Unfitness, Corporate Governance
Company Law Insolvency Law Director Disqualification De Facto Director Unfitness Corporate Governance

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Parties

Secretary of State for Trade and Industry

Claimant

Dennis George Hollier

Defendant

Jayson Wayne Hollier

Defendant

Adrian Dennis Hollier

Defendant

Barbara Ann Hollier (aka Annie Hollier)

Defendant

David Clarkson

Defendant

Robert Anthony Bell

Defendant

Procedural Posture

Disqualification Proceedings / Judgment After Trial

Legal Issues

  1. 1 Whether Jayson Wayne Hollier, Adrian Dennis Hollier, and Barbara Ann Hollier acted as de facto directors of Amba and/or Nextime and are unfit to be concerned in company management under s.8 of the Company Directors Disqualification Act 1986; whether disqualification orders should be made against them.

Ratio Decidendi

The Secretary of State failed to prove that Jayson Hollier was a de facto director or unfit; the evidence established that Adrian Hollier and Barbara Ann Hollier acted as de facto directors and engaged in conduct making them unfit to be concerned in company management, justifying disqualification orders under s.8 of the 1986 Act.

Court Disposition

Case against Jayson Hollier dismissed; disqualification orders to be made against Adrian Hollier and Barbara Ann Hollier; period of disqualification to be determined at a later hearing.

Orders

  • Case against Jayson Hollier dismissed.
  • Disqualification order to be made against Adrian Hollier.