Secretary of State for Trade & Industry v Carr & Ors

Secretary of State for Trade & Industry v Carr & Ors

Mr Carr engaged in deliberate and dishonest conduct over an extended period, concealing and misrepresenting the Ford claim and settlement, misleading the board, auditors, Stock Exchange, and others, and approving false accounting treatments, thereby demonstrating unfitness to be a company director under CDDA 1986.

Parties
Claimant: The Secretary of State for Trade and Industry; Defendant: Richard Carr
Jurisdiction
England and Wales
Judgment Date
10 August 2006
Procedural Posture
Disqualification Application / Judgment
Outcome
disqualification order granted
Legal Topics
Director Duties, False Accounting, Disclosure Obligations, Misleading Auditors, Stock Exchange Disclosure, Disqualification Orders
Company Law Corporate Governance Director Disqualification Director Duties False Accounting Disclosure Obligations Misleading Auditors Stock Exchange Disclosure +1 more

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Parties

The Secretary of State for Trade and Industry

Claimant

Richard Carr

Defendant

Procedural Posture

Disqualification Application / Judgment

Legal Issues

  1. 1 Whether Mr Carr deliberately concealed the Ford claim and settlement from the board, auditors, Stock Exchange, advisers, and lenders
  2. 2 Whether Mr Carr was responsible for false accounting treatments in company accounts
  3. 3 Whether Mr Carr's conduct amounted to unfitness under Company Directors Disqualification Act 1986

Ratio Decidendi

Mr Carr engaged in deliberate and dishonest conduct over an extended period, concealing and misrepresenting the Ford claim and settlement, misleading the board, auditors, Stock Exchange, and others, and approving false accounting treatments, thereby demonstrating unfitness to be a company director under CDDA 1986.

Court Disposition

disqualification order granted

Orders

  • Mr Carr is disqualified from acting as a director for 9 ½ years