The Secretary of State for Business, Energy and Industrial Strategy v Richard John Adam & Ors

The Secretary of State for Business, Energy and Industrial Strategy v Richard John Adam & Ors

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 evidence. The Secretary of State must clarify which parts of the report require response from the defendants to ensure efficient case management and compliance with procedural requirements.

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
Outcome
interlocutory order
Legal Topics
Directors Disqualification, Expert Evidence, False Accounting, Case Management
Company Law Insolvency Law Directors Disqualification Expert Evidence False Accounting Case Management

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 Michelle Powell

Defendant

Procedural Posture

Directors Disqualification Proceedings / Directions Hearing

Legal Issues

  1. 1 admissibility and scope of expert evidence
  2. 2 compliance with CPR Part 35
  3. 3 role of expert in civil proceedings

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 evidence. The Secretary of State must clarify which parts of the report require response from the defendants to ensure efficient case management and compliance with procedural requirements.

Court Disposition

interlocutory order

Orders

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