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England and Wales decisions
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La Court of Protection a décidé que six LPAs étaient invalides, car Robert Cornford ne pouvait pas raisonnablement agir comme certificate provider et la formalité d’exécution n’était pas respectée.
The court held that a director materially overstated turnover in a Bounce Back Loan application, made him unfit, and ordered disqualification and compensation.
The High Court dismissed Mr Greensill’s strike-out and summary judgment application in CDDA proceedings, holding that causation of insolvency is not a jurisdictional threshold under section 6.
Secretary of State for Business and Trade v Pal [2026] EWHC 262 (Ch) (12 February 2026)
The High Court found a company director unfit after she overstated turnover to obtain a Bounce Back Loan and used most of the funds for non-business purposes.
Convictions are safe and sentences are neither manifestly excessive nor wrong in principle; no merit in grounds for appeal; procedural and evidential complaints do not undermine fairness or safety of convictions.
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The application for a stay was dismissed because the overlap between the issues in the English disqualification proceedings and the Australian insurance litigation was not sufficient to justify a stay. The interests of justice, the public interest in expeditious determination of disqualification proceedings, and the statutory regime require that all issues be tried together. Splitting the trial would lead to delay, duplication, and undermine the cumulative assessment of director conduct mandated by law.
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Smith, R. v [2025] EWCA Crim 1251 (09 September 2025)
The Court of Appeal refused a renewed application against a 28-month sentence for repeated fraudulent removal of company property during winding-up periods.
Mr James fraudulently caused Tundrill Ltd to apply for a bounce back loan by providing a false turnover figure, used the majority of the funds for personal benefit, and did so when the company was insolvent and under threat of winding-up. He knew or ought to have known the company was not eligible and that the funds were not used for economic benefit to the company. His conduct fell below the standards of probity and competence required of company directors, justifying a lengthy disqualification.
Source excerpt
The appeal fails because Mr Darr, acting as agent for the Appellant, knew of the connection to supply chain fraud. His knowledge is attributed to the Appellant under established principles. The Appellant did not take every reasonable step to prevent participation in fraud, as required by Mecsek. All VAT assessments and penalties stand.
Source excerpt
The Secretary of State for Business and Trade v Greensill [2025] EWHC 1380 (Ch) (13 May 2025)
The High Court refused to stay a director disqualification issue pending related Australian proceedings, holding that the overlap did not justify delaying the public interest case.
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