IN THE MATTER OF PURE ZANZIBAR LIMITED

IN THE MATTER OF PURE ZANZIBAR LIMITED

The Defendant's conduct, in causing and allowing Pure Zanzibar Limited to breach ATOL regulations by selling holidays requiring ATOL protection after expiry, failing to remove ATOL references, and failing to refund customers, constituted reckless and incompetent management in a highly regulated industry, rendering him unfit to be a director under s.6 CDDA 1986.

Parties
Claimant: The Secretary of State for Business, Energy and Industrial Strategy; Defendant: Mr Tarquin Charles Spencer Barnsby
Jurisdiction
England and Wales
Judgment Date
29 April 2022
Procedural Posture
Director Disqualification / Judgment
Outcome
Defendant found unfit; disqualification order granted.
Legal Topics
Director Disqualification, ATOL Licensing, Consumer Protection, Fiduciary Duties, Regulatory Compliance
Company Law Insolvency Law Regulatory Law Director Disqualification ATOL Licensing Consumer Protection Fiduciary Duties Regulatory Compliance

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Parties

The Secretary of State for Business, Energy and Industrial Strategy

Claimant

Mr Tarquin Charles Spencer Barnsby

Defendant

Procedural Posture

Director Disqualification / Judgment

Legal Issues

  1. 1 Whether the Defendant's conduct as director made him unfit to be concerned in the management of a company under s.6 CDDA 1986
  2. 2 Whether the Defendant caused or allowed breaches of the Civil Aviation (Air Travel Organiser’s Licensing) Regulations 2012
  3. 3 Extent of Defendant's responsibility for regulatory breaches and consumer losses

Ratio Decidendi

The Defendant's conduct, in causing and allowing Pure Zanzibar Limited to breach ATOL regulations by selling holidays requiring ATOL protection after expiry, failing to remove ATOL references, and failing to refund customers, constituted reckless and incompetent management in a highly regulated industry, rendering him unfit to be a director under s.6 CDDA 1986.

Court Disposition

Defendant found unfit; disqualification order granted.

Orders

  • Defendant disqualified from acting as director or being concerned in the management of a company for seven years.