OPINION OF LORD WOOLMAN IN THE CASE HM SECRETARY OF STATE FOR BUSINESS INNOVATION AND SKILLS AGAINST KEITH MILLAR [2014] ScotCS CSOH_127 (15 August 2014)
The respondent's failure to pay Crown debts, preferential treatment of other creditors, and transfer of principal assets for no consideration, resulting in personal benefit, constitute serious misconduct justifying a six-year disqualification.
- Citation
- [2014] ScotCS CSOH_127
- Parties
- Petitioner: Her Majesty’s Secretary of State for Business, Innovation and Skills; Respondent: Keith Millar
- Jurisdiction
- Scotland
- Judgment Date
- 15 August 2014
- Procedural Posture
- Petition for Director Disqualification / Judgment on Petition
- Outcome
- petition granted
- Legal Topics
- Director Disqualification, Breach of Fiduciary Duty, Preferential Payments, Misfeasance
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty’s Secretary of State for Business, Innovation and Skills
Petitioner
Keith Millar
Respondent
Procedural Posture
Petition for Director Disqualification / Judgment on Petition
Legal Issues
- 1 Whether the respondent's conduct as director warrants disqualification under the Company Directors Disqualification Act 1986
- 2 Whether preferential payments and asset transfers constitute serious misconduct
Ratio Decidendi
The respondent's failure to pay Crown debts, preferential treatment of other creditors, and transfer of principal assets for no consideration, resulting in personal benefit, constitute serious misconduct justifying a six-year disqualification.
Court Disposition
petition granted
Orders
- Respondent disqualified from acting as a director for six years
Full Case Text
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