Secretary of State for Trade and Industry v Arnold & Anor

Secretary of State for Trade and Industry v Arnold & Anor

The court has jurisdiction to entertain disqualification proceedings under CDDA Section 6(3)(c) where an administrator has been appointed, even if the company has subsequently been dissolved under IA86 Schedule B1, Paragraph 84(6), because jurisdiction is determined by the position at the time of the administrator's appointment, not at the time of dissolution.

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 / Jurisdictional Determination
Outcome
declaration granted
Legal Topics
Director Disqualification, Company Dissolution, Court Jurisdiction
Company Law Insolvency Law Director Disqualification Company Dissolution Court Jurisdiction

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 3 Authorities cited 7 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 / Jurisdictional Determination

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 CA Section 651 is necessary to void the dissolution before disqualification proceedings can proceed
  3. 3 Whether disqualification proceedings commenced prior to a CA Section 651 order are a nullity

Ratio Decidendi

The court has jurisdiction to entertain disqualification proceedings under CDDA Section 6(3)(c) where an administrator has been appointed, even if the company has subsequently been dissolved under IA86 Schedule B1, Paragraph 84(6), because jurisdiction is determined by the position at the time of the administrator's appointment, not at the time of dissolution.

Court Disposition

declaration granted

Orders

  • Declaration granted in terms of paragraph 1 of the SSTI’s application notice dated 5th April 2007; further directions to be given as necessary.