The Secretary of State for Business, Innovation and Skills v Hawkes & Anor

The Secretary of State for Business, Innovation and Skills v Hawkes & Anor

The directors knowingly produced misleading accounts, submitted false VAT returns to HMRC to prefer other creditors, and deliberately omitted material facts regarding subsidiary insolvency, making them 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, 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 directors
Legal Topics
Directors' Disqualification, Misfeasance, False Accounting, VAT Fraud, Breach of Fiduciary Duty, Breach of Contract
Company Law Insolvency Law Directors' Disqualification Misfeasance False Accounting VAT Fraud Breach of Fiduciary Duty Breach of Contract

Case Brief

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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 directors' conduct rendered them unfit to be involved 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 knowingly produced misleading accounts, submitted false VAT returns to HMRC to prefer other creditors, and deliberately omitted material facts regarding subsidiary insolvency, making them unfit 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 directors

Orders

  • Disqualification order to be made against Frederick Geraint Hawkes
  • Disqualification order to be made against Janis Hawkes