The Secretary of State for Business, Energy and Industrial Strategy v Steven

The Secretary of State for Business, Energy and Industrial Strategy v Steven

Mr Steven's conduct in failing to ensure the companies complied with statutory duties to file VAT returns and make payments to HMRC, and causing the companies to trade to the detriment of HMRC (and utility suppliers in the case of RTD1), over prolonged periods and without persuasive extenuating circumstances, rendered him 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 Business, Energy and Industrial Strategy; Defendant: Edward Charles Ormond Steven
Jurisdiction
England and Wales
Judgment Date
12 June 2018
Procedural Posture
Civil (company Directors Disqualification) / Judgment After Trial
Outcome
disqualification order granted
Legal Topics
Directors' Disqualification, Unfit Conduct, Insolvent Trading, Statutory Duties of Directors, Preferential Treatment of Creditors
Company Law Insolvency Law Directors' Disqualification Unfit Conduct Insolvent Trading Statutory Duties of Directors Preferential Treatment of Creditors

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Parties

The Secretary of State for Business, Energy and Industrial Strategy

Claimant

Edward Charles Ormond Steven

Defendant

Procedural Posture

Civil (company Directors Disqualification) / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Steven's conduct as director of CQH1 Limited, RTD1 Limited, and The Glassblowing House Limited renders him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986
  2. 2 Whether Mr Steven failed to ensure statutory compliance in filing returns and making payments to HMRC and caused the companies to trade to the detriment of HMRC and utility suppliers
  3. 3 Whether any extenuating circumstances mitigate Mr Steven's conduct

Ratio Decidendi

Mr Steven's conduct in failing to ensure the companies complied with statutory duties to file VAT returns and make payments to HMRC, and causing the companies to trade to the detriment of HMRC (and utility suppliers in the case of RTD1), over prolonged periods and without persuasive extenuating circumstances, rendered him 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

Orders

  • Mr Steven is disqualified from acting as a director or being concerned in the management of a company for a period of 3 years.