Supporting Link, Re

Supporting Link, Re

The company’s business was founded and continued on deception, including material misrepresentations about charitable donations, the regional nature and distribution of its publications, and the use of charity logos without consent. The offered undertakings would require ongoing monitoring by the Secretary of State, which is not appropriate. It is just and equitable in the public interest to wind up the company.

Parties
Claimant: Secretary of State for Trade and Industry; Defendant: Supporting Link Alliance Ltd (later Supporting Link Ltd)
Jurisdiction
England and Wales
Judgment Date
19 March 2004
Procedural Posture
Public Interest Winding Up Petition (insolvency) / Judgment After Full Hearing
Outcome
Winding up order granted
Legal Topics
Winding Up on Just and Equitable Grounds, Misrepresentation, Use of Charity Logos, Regulatory Compliance, Public Interest Petitions
Insolvency Law Company Law Charity Law Consumer Protection Winding Up on Just and Equitable Grounds Misrepresentation Use of Charity Logos Regulatory Compliance +1 more

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Parties

Secretary of State for Trade and Industry

Claimant

Supporting Link Alliance Ltd (later Supporting Link Ltd)

Defendant

Procedural Posture

Public Interest Winding Up Petition (insolvency) / Judgment After Full Hearing

Legal Issues

  1. 1 Whether Supporting Link Alliance Ltd should be wound up on just and equitable grounds in the public interest under the Insolvency Act 1986 and Companies Act 1985
  2. 2 Whether the company’s business practices involved material misrepresentation to advertisers and misuse of charity representations
  3. 3 Whether undertakings offered by the company/director should be accepted in lieu of a winding up order

Ratio Decidendi

The company’s business was founded and continued on deception, including material misrepresentations about charitable donations, the regional nature and distribution of its publications, and the use of charity logos without consent. The offered undertakings would require ongoing monitoring by the Secretary of State, which is not appropriate. It is just and equitable in the public interest to wind up the company.

Court Disposition

Winding up order granted

Orders

  • Supporting Link Alliance Ltd to be compulsorily wound up