The Secretary of State for Business, Energy and Industrial Strategy v James Trevor Keeble

The Secretary of State for Business, Energy and Industrial Strategy v James Trevor Keeble

The Secretary of State failed to establish, on the balance of probability, that Mr Keeble's conduct as director amounted to incompetence of a high degree. The evidence did not identify specific acts or omissions by Mr Keeble causing or allowing the regulatory breaches relied upon, nor did it prove knowledge or responsibility for breaches of policy. The claim was based on general responsibility without essential facts linking Mr Keeble's conduct to the grounds for disqualification, and the obligation to provide such evidence was not fulfilled.

Parties
Claimant: The Secretary of State for Business Energy and Industrial Strategy; Defendant: Mr James Trevor Keeble
Jurisdiction
England and Wales
Judgment Date
07 October 2022
Procedural Posture
Disqualification Proceedings / Final Judgment
Outcome
claim dismissed
Legal Topics
Director Disqualification, Company Management, Regulatory Compliance, Consumer Credit, Payday Lending
Company Law Insolvency Law Regulatory Law Director Disqualification Company Management Regulatory Compliance Consumer Credit Payday Lending

Case Brief

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Parties

The Secretary of State for Business Energy and Industrial Strategy

Claimant

Mr James Trevor Keeble

Defendant

Procedural Posture

Disqualification Proceedings / Final Judgment

Legal Issues

  1. 1 Whether Mr Keeble's conduct as director of CFO Lending Limited makes him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986
  2. 2 Whether the grounds of misuse of customer banking information, excessive use of continuous payment authorities, and inadequacy of records establish incompetence of a high degree

Ratio Decidendi

The Secretary of State failed to establish, on the balance of probability, that Mr Keeble's conduct as director amounted to incompetence of a high degree. The evidence did not identify specific acts or omissions by Mr Keeble causing or allowing the regulatory breaches relied upon, nor did it prove knowledge or responsibility for breaches of policy. The claim was based on general responsibility without essential facts linking Mr Keeble's conduct to the grounds for disqualification, and the obligation to provide such evidence was not fulfilled.

Court Disposition

claim dismissed

Orders

  • The claim for disqualification of Mr Keeble as director is dismissed.
  • No order for disqualification is made.