HER MAJESTY'S SECRETARYOF STATE FOR BUSINESS INNOVATION AND SKILLS FOR A DISQUALIFICATION ORDER IN TERMS OF THE COMPANY DIRECTORS DISQUALIFICATION ACT 1986 IN RESPECT OF CRAIG THOMAS WHYTE [2014] ScotCS CSOH_148 (03 October 2014)

HER MAJESTY'S SECRETARYOF STATE FOR BUSINESS INNOVATION AND SKILLS FOR A DISQUALIFICATION ORDER IN TERMS OF THE COMPANY DIRECTORS DISQUALIFICATION ACT 1986 IN RESPECT OF CRAIG THOMAS WHYTE [2014] ScotCS CSOH_148 (03 October 2014)

The respondent's cumulative conduct as director of Rangers and Tixway, including dishonesty, breach of fiduciary duty, misappropriation, failure to keep records, and non-cooperation with liquidators, constitutes unfitness to be concerned in company management. Given previous disqualification and seriousness, maximum period of disqualification is warranted.

Citation
[2014] ScotCS CSOH_148
Parties
Petitioner: Her Majesty’s Secretary of State for Business, Innovation and Skills; Respondent: Craig Thomas Whyte
Jurisdiction
Scotland
Judgment Date
03 October 2014
Procedural Posture
Petition for Disqualification Order / Final Judgment
Outcome
petition granted
Legal Topics
Director Disqualification, Fiduciary Duties, Dishonesty, Record Keeping, Liquidation
Company Law Insolvency Law Director Disqualification Fiduciary Duties Dishonesty Record Keeping Liquidation

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Parties

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

Petitioner

Craig Thomas Whyte

Respondent

Procedural Posture

Petition for Disqualification Order / Final Judgment

Legal Issues

  1. 1 Whether the respondent's conduct as director of Rangers and Tixway demonstrated unfitness to be concerned in company management
  2. 2 Appropriate period of disqualification given prior history and seriousness of conduct

Ratio Decidendi

The respondent's cumulative conduct as director of Rangers and Tixway, including dishonesty, breach of fiduciary duty, misappropriation, failure to keep records, and non-cooperation with liquidators, constitutes unfitness to be concerned in company management. Given previous disqualification and seriousness, maximum period of disqualification is warranted.

Court Disposition

petition granted

Orders

  • Respondent disqualified from being a director or concerned in company management for 15 years beginning 21 days from date of order
  • Respondent liable to petitioner for expenses of petition