Secretary Of State For Trade And Industry, Re A Disqualification Order [2006] ScotCS CSOH_153 (10 October 2006)

Secretary Of State For Trade And Industry, Re A Disqualification Order [2006] ScotCS CSOH_153 (10 October 2006)

The respondent failed to provide essential information and documentation regarding the company's assets, failed to complete the required statement of affairs and directors' questionnaire, and did not cooperate adequately with the liquidator, thereby making him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986.

Citation
[2006] ScotCS CSOH_153
Parties
Petitioner: Her Majesty's Secretary of State for Trade and Industry; Respondent: James Gerard
Jurisdiction
Scotland
Judgment Date
10 October 2006
Procedural Posture
Petition for Disqualification Order / Judgment After Proof (trial)
Outcome
disqualification order granted
Legal Topics
Director Disqualification, Director's Duties, Liquidation, Failure to Cooperate With Liquidator
Company Law Insolvency Law Director Disqualification Director's Duties Liquidation Failure to Cooperate With Liquidator

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Parties

Her Majesty's Secretary of State for Trade and Industry

Petitioner

James Gerard

Respondent

Procedural Posture

Petition for Disqualification Order / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the respondent's conduct as director made him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986
  2. 2 Whether the respondent failed to cooperate with the liquidator and failed to provide required information and documentation

Ratio Decidendi

The respondent failed to provide essential information and documentation regarding the company's assets, failed to complete the required statement of affairs and directors' questionnaire, and did not cooperate adequately with the liquidator, thereby making him unfit to be concerned in the management of a company under section 6 of the Company Directors Disqualification Act 1986.

Court Disposition

disqualification order granted

Orders

  • The respondent is disqualified from acting as a director or being concerned in the management of a company for a period to be determined in accordance with the Act.