HER MAJESTY'S SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS v. JON JEROMSON [2013] ScotSC 26 (13 March 2013)

HER MAJESTY'S SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS v. JON JEROMSON [2013] ScotSC 26 (13 March 2013)

The defender's failure to keep or deliver accounting records, which prevented investigation of questionable transactions and caused serious detriment to the company and its creditors, constituted unfitness to be a director under section 6(1) of the 1986 Act. A seven-year disqualification was appropriate given the seriousness of the failure and the amount of the deficiency.

Citation
[2013] ScotSC 26
Parties
Pursuer: Her Majesty's Secretary of State for Business, Innovation and Skills; Defender: Jon Jeromson
Jurisdiction
Scotland
Judgment Date
13 March 2013
Procedural Posture
Summary Application Under Company Directors Disqualification Act 1986 / Judgment on Motion for Decree by Default
Outcome
Application granted. Disqualification order made.
Legal Topics
Director Disqualification, Failure to Keep or Deliver Accounting Records, Insolvency, Liquidation, Unfit Conduct of Directors
Company Law Insolvency Law Director Disqualification Failure to Keep or Deliver Accounting Records Insolvency Liquidation Unfit Conduct of Directors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty's Secretary of State for Business, Innovation and Skills

Pursuer

Jon Jeromson

Defender

Procedural Posture

Summary Application Under Company Directors Disqualification Act 1986 / Judgment on Motion for Decree by Default

Legal Issues

  1. 1 Whether the defender's conduct as director made him unfit to be concerned in the management of a company under section 6(1) of the Company Directors Disqualification Act 1986
  2. 2 Appropriate length of disqualification period

Ratio Decidendi

The defender's failure to keep or deliver accounting records, which prevented investigation of questionable transactions and caused serious detriment to the company and its creditors, constituted unfitness to be a director under section 6(1) of the 1986 Act. A seven-year disqualification was appropriate given the seriousness of the failure and the amount of the deficiency.

Court Disposition

Application granted. Disqualification order made.

Orders

  • Disqualification order for seven years against Jon Jeromson under section 6(1) of the Company Directors Disqualification Act 1986.
  • Order to be registered by the Secretary of State.