Secretary of State for Business, Energy and Industrial Strategy v Adam & Ors [2022] EWHC 922 (Ch) (13 April 2022)

Secretary of State for Business, Energy and Industrial Strategy v Adam & Ors [2022] EWHC 922 (Ch) (13 April 2022)

The Claimant must provide further particulars of the Direct Allegations to clarify the conduct, facts, and standard relied upon, as the current case lacks sufficient clarity and specificity. The NEDs are entitled to know the precise case they must meet at trial, and robust case management requires the Claimant to particularise his allegations within a set timeframe.

Citation
[2022] EWHC 922 (Ch)
Parties
Claimant: The Secretary of State for Business, Energy and Industrial Strategy; Defendant: Richard John Adam; Defendant: Richard John Howson; Defendant: Zafar Iqbal Khan; Defendant: Keith Robertson Cochrane CBE; Defendant: Andrew James Harrower Dougal; Defendant: Philip Nevill Green CBE; Defendant: Alison Jane Horner; Defendant: Ceri Michele Powell
Jurisdiction
England and Wales
Judgment Date
13 April 2022
Procedural Posture
Disqualification Proceedings Under Company Directors Disqualification Act 1986 / Interlocutory Application for Further Particulars and Case Management Directions
Outcome
Application granted in part
Legal Topics
Director Disqualification, Case Management, Pleading Particulars, Duties of Non Executive Directors
Company Law Civil Procedure Director Disqualification Case Management Pleading Particulars Duties of Non Executive Directors

Case Brief

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Parties

The Secretary of State for Business, Energy and Industrial Strategy

Claimant

Richard John Adam

Defendant

Richard John Howson

Defendant

Zafar Iqbal Khan

Defendant

Keith Robertson Cochrane CBE

Defendant

Andrew James Harrower Dougal

Defendant

Philip Nevill Green CBE

Defendant

Alison Jane Horner

Defendant

Ceri Michele Powell

Defendant

Procedural Posture

Disqualification Proceedings Under Company Directors Disqualification Act 1986 / Interlocutory Application for Further Particulars and Case Management Directions

Legal Issues

  1. 1 Whether the Claimant's case against the NEDs is sufficiently particularised
  2. 2 Whether the Direct Allegations are independent or parasitic on the NED Allegation
  3. 3 Whether the Claimant must provide further particulars of the Direct Allegations

Ratio Decidendi

The Claimant must provide further particulars of the Direct Allegations to clarify the conduct, facts, and standard relied upon, as the current case lacks sufficient clarity and specificity. The NEDs are entitled to know the precise case they must meet at trial, and robust case management requires the Claimant to particularise his allegations within a set timeframe.

Court Disposition

Application granted in part

Orders

  • Claimant to provide further particulars of the Direct Allegations within 14 days, specifying conduct, facts, and standard relied upon
  • Schedule reflecting the NED Allegation to stand as the Claimant's case at trial, subject to amendments and answers to RFIs