Secretary of State for Business, Energy and Industrial Strategy v Adam & Ors [2021] EWHC 3894 (Ch) (26 November 2021)

Secretary of State for Business, Energy and Industrial Strategy v Adam & Ors [2021] EWHC 3894 (Ch) (26 November 2021)

Mr Whitaker's report, as it stands, is not CPR 35 compliant and strays outside the role of an independent expert by engaging in fact-finding and expressing views on factual matters reserved for the court. The Secretary of State must clarify which parts of the report require response from defendants to ensure fair...

Source-derived case information.

Citation
[2021] EWHC 3894 (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 Michelle Powell
Jurisdiction
England and Wales
Judgment Date
26 November 2021
Procedural Posture
Directors Disqualification Proceedings / Directions Hearing Regarding Expert Evidence
Outcome
Application withdrawn; court requires clarification from the Secretary of State regarding the Whitaker report.
Legal Topics
Directors' Disqualification, Expert Evidence, False Accounting, Case Management
Company Law Insolvency Law Civil Procedure Directors' Disqualification Expert Evidence False Accounting Case Management

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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 Michelle Powell

Defendant

Procedural Posture

Directors Disqualification Proceedings / Directions Hearing Regarding Expert Evidence

Legal Issues

  1. 1 Admissibility and scope of expert evidence under CPR Part 35
  2. 2 Appropriateness of Mr Whitaker's expert report
  3. 3 Guidance for the instruction of experts in civil claims

Ratio Decidendi

Mr Whitaker's report, as it stands, is not CPR 35 compliant and strays outside the role of an independent expert by engaging in fact-finding and expressing views on factual matters reserved for the court. The Secretary of State must clarify which parts of the report require response from defendants to ensure fair case management.

Court Disposition

Application withdrawn; court requires clarification from the Secretary of State regarding the Whitaker report.

Orders

  • The Secretary of State must inform the defendants, by a date to be determined, which parts of the Whitaker report (if any) he considers must be answered by them in producing their evidence.