Official Receiver v Atkinson (Discontinued) & Ors

Official Receiver v Atkinson (Discontinued) & Ors

For reasons of procedural fairness, the Official Receiver is not permitted to seek findings of breaches of sections 172, 173, or 174 of the Companies Act 2006, or that there were preferences voidable under section 239 of the Insolvency Act 1986, as these allegations were not properly pleaded or notified to the defendants in the report or pre-action correspondence.

Parties
Claimant: The Official Receiver; Defendant: Sunetra Atkinson; Defendant: Camila Batmanghelidjh; Defendant: Erica Jane Bolton; Defendant: Richard Gordon Handover; Defendant: Vincent O'Brien; Defendant: Francesca Mary Robinson; Defendant: Jane Tyler; Defendant: Andrew Webster; Defendant: Alan Yentob
Jurisdiction
England and Wales
Judgment Date
22 October 2020
Procedural Posture
Directors' Disqualification Proceedings / Interlocutory Ruling on Scope of Allegations
Outcome
Application by Official Receiver to expand scope of allegations refused
Legal Topics
Directors' Disqualification, Procedural Fairness, Breach of Statutory Duty, Voidable Preferences
Company Law Insolvency Law Directors' Disqualification Procedural Fairness Breach of Statutory Duty Voidable Preferences

Case Brief

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Parties

The Official Receiver

Claimant

Sunetra Atkinson

Defendant

Camila Batmanghelidjh

Defendant

Erica Jane Bolton

Defendant

Richard Gordon Handover

Defendant

Vincent O'Brien

Defendant

Francesca Mary Robinson

Defendant

Jane Tyler

Defendant

Andrew Webster

Defendant

Alan Yentob

Defendant

Procedural Posture

Directors' Disqualification Proceedings / Interlocutory Ruling on Scope of Allegations

Legal Issues

  1. 1 Whether the Official Receiver can allege breaches of duty under sections 172, 173, and 174 Companies Act 2006 and voidable preferences under section 239 Insolvency Act 1986, not previously pleaded in the report.

Ratio Decidendi

For reasons of procedural fairness, the Official Receiver is not permitted to seek findings of breaches of sections 172, 173, or 174 of the Companies Act 2006, or that there were preferences voidable under section 239 of the Insolvency Act 1986, as these allegations were not properly pleaded or notified to the defendants in the report or pre-action correspondence.

Court Disposition

Application by Official Receiver to expand scope of allegations refused

Orders

  • The Official Receiver is not permitted to seek findings of breaches of sections 172, 173, or 174 of the Companies Act 2006, or that there were preferences voidable under section 239 of the Insolvency Act 1986.