Secretary of State for Business, Energy and Industrial Strategy v Dudley Arnold Joiner

Secretary of State for Business, Energy and Industrial Strategy v Dudley Arnold Joiner

The seriousness of the findings regarding Mr. Joiner's unfitness to be concerned in company management outweighs his reasons for postponement; public protection requires the order to take effect promptly. Costs claimed are reasonable and payable in full. Permission to appeal is refused as the grounds are not well-founded.

Parties
Claimant: Secretary of State for Business, Energy and Industrial Strategy; Defendant: Dudley Arnold Joiner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Disqualification Proceedings / Ruling on Terms of Order and Consequentials
Outcome
Order granted as sought by the Secretary of State; permission to appeal refused.
Legal Topics
Director Disqualification, Costs, Permission to Appeal
Company Law Insolvency Law Director Disqualification Costs Permission to Appeal

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Parties

Secretary of State for Business, Energy and Industrial Strategy

Claimant

Dudley Arnold Joiner

Defendant

Procedural Posture

Disqualification Proceedings / Ruling on Terms of Order and Consequentials

Legal Issues

  1. 1 Whether the disqualification order should be postponed beyond the statutory period
  2. 2 Whether the costs claimed are reasonable and payable by the defendant
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

The seriousness of the findings regarding Mr. Joiner's unfitness to be concerned in company management outweighs his reasons for postponement; public protection requires the order to take effect promptly. Costs claimed are reasonable and payable in full. Permission to appeal is refused as the grounds are not well-founded.

Court Disposition

Order granted as sought by the Secretary of State; permission to appeal refused.

Orders

  • Disqualification order to take effect from 26 May 2023
  • Mr. Joiner to pay costs of £29,075.57 to the Secretary of State