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 provided false information regarding turnover in the Bounce Back Loan application, causing the company to obtain a loan exceeding its entitlement by £14,543. This conduct constitutes misconduct and demonstrates unfitness to be concerned in the management of a company under section 6 CDDA. However, the application for a compensation order is rejected as the criteria for such an order are not met.

Citation
[2024] EWHC 3137
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
Disqualification and Compensation Application Under Company Directors Disqualification Act 1986 / Post Trial Judgment
Outcome
Disqualification order granted for eight years; compensation order refused.
Legal Topics
Director Disqualification, Bounce Back Loan Scheme, Misrepresentation, Compensation Orders
Company Law Insolvency Law Civil Procedure Director Disqualification Bounce Back Loan Scheme Misrepresentation Compensation Orders

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

Disqualification and Compensation Application Under Company Directors Disqualification Act 1986 / Post Trial Judgment

Legal Issues

  1. 1 Whether Mr Minto-St. Aimie is unfit to be concerned in the management of a company under section 6 CDDA
  2. 2 Whether Mr Minto-St. Aimie knowingly provided false information in a Bounce Back Loan application
  3. 3 Whether a compensation order should be made under section 15A CDDA

Ratio Decidendi

Mr Minto-St. Aimie knowingly provided false information regarding turnover in the Bounce Back Loan application, causing the company to obtain a loan exceeding its entitlement by £14,543. This conduct constitutes misconduct and demonstrates unfitness to be concerned in the management of a company under section 6 CDDA. However, the application for a compensation order is rejected as the criteria for such an order are not met.

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 eight years under section 6 CDDA.
  • Application for compensation order under section 15A CDDA is refused.