The Official Receiver v Duckett

The Official Receiver v Duckett

Mr Duckett was found to be a de facto director of Focus 15 Trading Limited, exercised control over its affairs, failed to ensure adequate accounting records were maintained and preserved, and his conduct made him unfit to be concerned in the management of a company. A disqualification order for 10 years was warranted.

Parties
Claimant: The Official Receiver; Defendant: Howard Duckett
Jurisdiction
England and Wales
Judgment Date
13 November 2020
Procedural Posture
Civil (company Directors Disqualification) / Judgment After Trial
Outcome
Disqualification order granted against Howard Duckett for 10 years.
Legal Topics
Directors' Duties, De Facto Directors, Disqualification of Directors, Accounting Records, Insolvency Proceedings
Company Law Insolvency Law Directors' Duties De Facto Directors Disqualification of Directors Accounting Records Insolvency Proceedings

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Parties

The Official Receiver

Claimant

Howard Duckett

Defendant

Procedural Posture

Civil (company Directors Disqualification) / Judgment After Trial

Legal Issues

  1. 1 Was Mr Duckett a de facto director of Focus 15 Trading Limited?
  2. 2 Did Mr Duckett's conduct make him unfit to be concerned in the management of a company?
  3. 3 What is the appropriate period of disqualification?

Ratio Decidendi

Mr Duckett was found to be a de facto director of Focus 15 Trading Limited, exercised control over its affairs, failed to ensure adequate accounting records were maintained and preserved, and his conduct made him unfit to be concerned in the management of a company. A disqualification order for 10 years was warranted.

Court Disposition

Disqualification order granted against Howard Duckett for 10 years.

Orders

  • Howard Duckett is disqualified for 10 years from acting as a director, receiver, or being concerned or taking part in the promotion, formation or management of a company unless with leave of the court, and from acting as an insolvency practitioner.
  • The period of disqualification shall begin at the end of 21 days from the date of the order.