Secretary of State for Trade and Industry v Arnold & Anor [2007] EWHC 1933 (Ch) (10 August 2007)

Secretary of State for Trade and Industry v Arnold & Anor [2007] EWHC 1933 (Ch) (10 August 2007)

The court held that it retains jurisdiction to hear disqualification proceedings under CDDA section 6(3)(c) even where the company has been dissolved under IA86 Schedule B1, Paragraph 84(6), provided that jurisdiction existed at the time the administrator or administrative receiver was appointed. It is not necessary to apply under Companies Act 1985 section 651 to void the dissolution before continuing with the proceedings.

Citation
[2007] EWHC 1933 (Ch)
Parties
Claimant: The Secretary of State for Trade and Industry; Defendant: Jason Arnold; Defendant: Keith James Hopley
Jurisdiction
England and Wales
Judgment Date
10 August 2007
Procedural Posture
Disqualification Proceedings Under Company Directors Disqualification Act 1986 / Jurisdictional Determination Prior to Substantive Hearing
Outcome
Declaration granted in terms of the Secretary of State's application; court retains jurisdiction to hear the disqualification proceedings.
Legal Topics
Director Disqualification, Jurisdiction, Company Dissolution, Administration, Statutory Interpretation
Company Law Insolvency Law Director Disqualification Jurisdiction Company Dissolution Administration Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

The Secretary of State for Trade and Industry

Claimant

Jason Arnold

Defendant

Keith James Hopley

Defendant

Procedural Posture

Disqualification Proceedings Under Company Directors Disqualification Act 1986 / Jurisdictional Determination Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain disqualification proceedings under CDDA section 6 where the company has been dissolved under IA86 Schedule B1, Paragraph 84(6)
  2. 2 Whether an application under Companies Act 1985 section 651 is necessary to void the dissolution before disqualification proceedings can continue
  3. 3 Whether proceedings commenced prior to a section 651 order are a nullity

Ratio Decidendi

The court held that it retains jurisdiction to hear disqualification proceedings under CDDA section 6(3)(c) even where the company has been dissolved under IA86 Schedule B1, Paragraph 84(6), provided that jurisdiction existed at the time the administrator or administrative receiver was appointed. It is not necessary to apply under Companies Act 1985 section 651 to void the dissolution before continuing with the proceedings.

Court Disposition

Declaration granted in terms of the Secretary of State's application; court retains jurisdiction to hear the disqualification proceedings.

Orders

  • Declaration that the court has jurisdiction to entertain the disqualification proceedings despite the company's dissolution under IA86 Schedule B1, Paragraph 84(6).
  • Further directions to be given regarding continuation of proceedings in the Chancery Division of the High Court in Manchester.