The Secretary of State for Business, Energy And Industrial Strategy v Mallet & Anor [2021] EWHC 3558 (Ch) (22 July 2021)

The Secretary of State for Business, Energy And Industrial Strategy v Mallet & Anor [2021] EWHC 3558 (Ch) (22 July 2021)

The judge was entitled to make findings of dishonesty based on the evidence and admissions of deliberate conduct; the periods of disqualification were not excessive and within the judge's discretion; procedural fairness was not breached as the allegations were clear and understood by the appellants.

Citation
[2021] EWHC 3558 (Ch)
Parties
Claimant: Secretary of State for Business, Energy and Industrial Strategy; First Defendant: Christopher Huw Douglas Mallet; Second Defendant: Marina Yolanda Orr
Jurisdiction
England and Wales
Judgment Date
22 July 2021
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Director Disqualification, VAT Under Declaration, Dishonesty, Appeal Against Period of Disqualification
Company Law Insolvency Law Director Disqualification VAT Under Declaration Dishonesty Appeal Against Period of Disqualification

Case Brief

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Parties

Secretary of State for Business, Energy and Industrial Strategy

Claimant

Christopher Huw Douglas Mallet

First Defendant

Marina Yolanda Orr

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge was entitled to make findings of dishonesty against the appellants
  2. 2 Whether the periods of disqualification ordered were excessive
  3. 3 Whether procedural fairness was breached by not expressly pleading dishonesty

Ratio Decidendi

The judge was entitled to make findings of dishonesty based on the evidence and admissions of deliberate conduct; the periods of disqualification were not excessive and within the judge's discretion; procedural fairness was not breached as the allegations were clear and understood by the appellants.

Court Disposition

appeal dismissed

Orders

  • Disqualification periods of 10 years for Mr Mallet and 9 years for Miss Orr upheld
  • Costs order against appellants upheld