Secretary of State for Business Innovation And Skills v Scaggs

Secretary of State for Business Innovation And Skills v Scaggs

Mr Scaggs failed, without reasonable excuse, to comply with requirements imposed by a company investigator under section 447 of the Companies Act 1985. His excuses were found to be unsubstantiated and false, and his conduct was deliberate and persistent. The court found the allegations proved to the criminal...

Source-derived case information.

Parties
Claimant: Secretary of State for Business Innovation and Skills; Defendant: Norman Jevons Scaggs
Jurisdiction
England and Wales
Judgment Date
18 October 2012
Procedural Posture
Contempt of Court / Certification Proceedings Under Companies Act / Final Judgment After Adjournments and Hearing
Outcome
Defendant committed for contempt of court; sentence of six months' imprisonment imposed, execution suspended until 5 November 2012; costs awarded to claimant.
Legal Topics
Failure to Comply With Investigator's Requirements, Section 447 Companies Act 1985, Section 453 C Companies Act 1985, Committal for Contempt, Costs
Company Law Civil Procedure Contempt of Court Failure to Comply With Investigator's Requirements Section 447 Companies Act 1985 Section 453 C Companies Act 1985 Committal for Contempt Costs

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Summary, issues, holding and outcome

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Parties

Secretary of State for Business Innovation and Skills

Claimant

Norman Jevons Scaggs

Defendant

Procedural Posture

Contempt of Court / Certification Proceedings Under Companies Act / Final Judgment After Adjournments and Hearing

Legal Issues

  1. 1 Whether Mr Scaggs failed to comply with requirements imposed by a company investigator under section 447 of the Companies Act 1985
  2. 2 Whether Mr Scaggs had a reasonable excuse for non-compliance
  3. 3 Whether the court should commit Mr Scaggs for contempt and, if so, the appropriate sentence

Ratio Decidendi

Mr Scaggs failed, without reasonable excuse, to comply with requirements imposed by a company investigator under section 447 of the Companies Act 1985. His excuses were found to be unsubstantiated and false, and his conduct was deliberate and persistent. The court found the allegations proved to the criminal standard and imposed a custodial sentence, suspended to allow for medical treatment, and ordered payment of the claimant's costs.

Court Disposition

Defendant committed for contempt of court; sentence of six months' imprisonment imposed, execution suspended until 5 November 2012; costs awarded to claimant.

Orders

  • Mr Scaggs committed to prison for six months for contempt of court, warrant of committal suspended until 5 November 2012 to allow for medical treatment.
  • Mr Scaggs to pay the Secretary of State's costs, summarily assessed at £12,204.30, payable in 14 days unless a stay is granted.