The Secretary of State for Business, Innovation and Skills v Hawkes & Anor [2015] EWHC 1585 (Ch) (04 June 2015)

The Secretary of State for Business, Innovation and Skills v Hawkes & Anor [2015] EWHC 1585 (Ch) (04 June 2015)

The directors' conduct in producing materially misleading accounts, submitting false VAT returns, and causing substantial breaches of contract demonstrated unfitness to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986.

Citation
[2015] EWHC 1585 (Ch)
Parties
Claimant: THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS; Defendant: FREDERICK GERAINT HAWKES; Defendant: JANIS HAWKES
Jurisdiction
England and Wales
Judgment Date
04 June 2015
Procedural Posture
Company Directors Disqualification / Judgment
Outcome
Disqualification orders granted against both defendants under section 6 of the Company Directors Disqualification Act 1986.
Legal Topics
Directors' Disqualification, Misfeasance, False Accounting, VAT Fraud, Breach of Fiduciary Duty
Company Law Insolvency Law Directors' Disqualification Misfeasance False Accounting VAT Fraud Breach of Fiduciary Duty

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Parties

THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS

Claimant

FREDERICK GERAINT HAWKES

Defendant

JANIS HAWKES

Defendant

Procedural Posture

Company Directors Disqualification / Judgment

Legal Issues

  1. 1 Whether the conduct of Mr Geraint Hawkes and Mrs Janis Hawkes as directors of F G Hawkes (Western) Limited renders them unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986
  2. 2 Whether the directors were responsible for materially misleading accounts
  3. 3 Whether the directors were responsible for submission of false VAT returns

Ratio Decidendi

The directors' conduct in producing materially misleading accounts, submitting false VAT returns, and causing substantial breaches of contract demonstrated unfitness to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986.

Court Disposition

Disqualification orders granted against both defendants under section 6 of the Company Directors Disqualification Act 1986.

Orders

  • Both Mr Geraint Hawkes and Mrs Janis Hawkes are disqualified from acting as directors or being concerned in the management of a company for a period specified by the court.