The Secretary of State for Business And Trade v Minto-St.Aimie [2024] EWHC 3137 (Ch) (06 December 2024)

The Secretary of State for Business And Trade v Minto-St.Aimie [2024] EWHC 3137 (Ch) (06 December 2024)

Mr Minto-St. Aimie knowingly overstated the company's turnover in the Bounce Back Loan application, causing the company to obtain a loan in excess of its entitlement. This conduct constitutes serious misconduct and demonstrates unfitness to be concerned in the management of a company under section 6 CDDA. The court is satisfied that the defendant was responsible for the application and the false information, and that the statutory test for disqualification is met. However, the application for a compensation order is refused as the court is not satisfied it is just and equitable to make such an order in the circumstances.

Citation
[2024] EWHC 3137 (Ch)
Parties
Claimant: The Secretary of State for Business and Trade; Defendant: Kieron Lloyd Junior Minto-St. Aimie
Jurisdiction
England and Wales
Judgment Date
06 December 2024
Procedural Posture
Director Disqualification and Compensation Order (insolvency) / Judgment After Trial
Outcome
Disqualification order granted for eight years; compensation order refused.
Legal Topics
Director Disqualification, Bounce Back Loan Scheme, Misstatement of Turnover, Compensation Orders, Company Directors Disqualification Act 1986
Insolvency Law Company Law Director Disqualification Bounce Back Loan Scheme Misstatement of Turnover Compensation Orders Company Directors Disqualification Act 1986

Case Brief

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Parties

The Secretary of State for Business and Trade

Claimant

Kieron Lloyd Junior Minto-St. Aimie

Defendant

Procedural Posture

Director Disqualification and Compensation Order (insolvency) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant's conduct in overstating company turnover on a Bounce Back Loan application constitutes unfitness under section 6 of the Company Directors Disqualification Act 1986
  2. 2 Whether a compensation order should be made under section 15A CDDA for the excess loan amount obtained

Ratio Decidendi

Mr Minto-St. Aimie knowingly overstated the company's turnover in the Bounce Back Loan application, causing the company to obtain a loan in excess of its entitlement. This conduct constitutes serious misconduct and demonstrates unfitness to be concerned in the management of a company under section 6 CDDA. The court is satisfied that the defendant was responsible for the application and the false information, and that the statutory test for disqualification is met. However, the application for a compensation order is refused as the court is not satisfied it is just and equitable to make such an order in the circumstances.

Court Disposition

Disqualification order granted for eight years; compensation order refused.

Orders

  • Mr Minto-St. Aimie is disqualified from acting as a director or being concerned in the management of a company for a period of eight years under section 6 CDDA.
  • The application for a compensation order under section 15A CDDA is dismissed.