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England and Wales Case Law

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Company law

The Secretary of State for Business and Trade v Daniel Singh Sekhon

Mr Sekhon, as sole director, caused Combat Construction Limited to trade to the detriment of HMRC by maintaining payments to other creditors while failing to account for and pay CIS tax liabilities, evidencing a discriminatory policy. His defence regarding GPS status and inability to access the CIS portal was rejected on the facts. This conduct fell below the standards of probity and competence required of company directors, justifying disqualification under section 6 of the Company Directors Disqualification Act 1986.

  • Directors' duties
  • Disqualification
  • Insolvent trading
  • Discriminatory payment policy
  • Tax liabilities
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Insolvency law

The Secretary of State for Business and Trade v Helen Anderson

Ms Anderson caused the company to make gratuitous payments to a connected company (PEL) when insolvent, depleting assets available to creditors, and misapplied government-backed loan funds in breach of their terms. This conduct was to the detriment of creditors, fell below the standards of probity and competence required of directors, and rendered her unfit to be concerned in the management of a company under s.6 CDDA 1986.

  • Director disqualification
  • Misfeasance
  • Insolvent trading
  • Breach of directors' duties
  • Misuse of company funds
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Insolvency law [2024] EWHC 1090 (Ch)

Secretary of State for Business and Trade v Anderson (Re Paranoid Expedition Engineering Ltd - Insolvency Act 1986 - s.6 Company Directors Disqualification Act 1986)

Secretary of State for Business and Trade v Anderson (Re Paranoid Expedition Engineering Ltd - Insolvency Act 1986 - s.6 Company Directors Disqualification Act 1986) [2024] EWHC 1090 (Ch) (10 May 2024)

The High Court ordered Helen Anderson disqualified for 7 years after finding she caused gratuitous payments to a related company while the company was insolvent.

  • Director disqualification
  • Misfeasance
  • Insolvent trading
  • Breach of directors' duties
  • Director-disqualification
  • Insolvency
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Insolvency law [2022] EWHC 1399 (Ch)

Official Receiver v Obaigbena

Official Receiver v Obaigbena [2022] EWHC 1399 (Ch) (14 June 2022)

Appeal dismissed against a 7-year disqualification order under section 6 of the CDDA 1986. The High Court upheld findings of unfit conduct and insolvency-related trading.

  • Director disqualification
  • Insolvent trading
  • Unfit conduct
  • Disqualification periods
  • Director-disqualification
  • Insolvent-trading
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Insolvency [2021] EWHC 1587 (Ch)

Official Receiver v Arron

Official Receiver v Arron [2021] EWHC 1587 (Ch) (14 June 2021)

The High Court held that the defendant’s conduct as sole director of Mid Cornwall Metals Ltd made him unfit, and imposed a four-year disqualification.

  • Director disqualification
  • Insolvent trading
  • Creditor protection
  • Company management
  • Unfit conduct
  • Director-disqualification
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Insolvency [2021] EWHC 1501 (Ch)

The Secretary of State for Business, Energy And Industrial Strategy v Lummis & Anor

The Secretary of State for Business, Energy And Industrial Strategy v Lummis & Anor [2021] EWHC 1501 (Ch) (04 June 2021)

The High Court ordered disqualification of two company directors for 10 years each after finding they caused payments and asset transfers while the company was insolvent.

  • Director disqualification
  • Unfit conduct
  • Insolvent trading
  • Tax avoidance schemes
  • Directors' duties
  • Director-disqualification
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Company law

Official Receiver v Obaigbena

The High Court ordered Mr Nduka Obaigbena disqualified for 7 years after finding he caused Arise Networks Ltd to trade on while insolvent and harming creditors.

  • Director disqualification
  • Insolvent trading
  • Creditor protection
  • Director-disqualification
  • Insolvent-trading
  • Creditor-protection
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.