HM Secretary of State for Business, Innovation and Skills v Russell [2015] ScotCS CSOH_128 (18 September 2015)

The respondent's deliberate failure to pay HMRC while withdrawing large sums for personal benefit constitutes unfitness to manage a company and justifies a six-year disqualification order.

Citation: [2015] ScotCS CSOH_128
Parties: Petitioner: Her Majesty’s Secretary of State for Business, Innovation and Skills; Respondent: Stewart Russell
Jurisdiction: Scotland
Judgment Date: 18 September 2015
Procedural Posture: Petition for Disqualification Order / Final Judgment
Outcome: petition granted
Legal Topics: Director Disqualification, Insolvency, Breach of Statutory Duty

Company Law Insolvency Law Director Disqualification Insolvency Breach of Statutory Duty

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 12

Parties

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

Petitioner

Stewart Russell

Respondent

Procedural Posture

Petition for Disqualification Order / Final Judgment

Legal Issues

1 Whether the respondent's conduct as director makes him unfit to be concerned in the management of a company
2 Appropriate period of disqualification

Ratio Decidendi

The respondent's deliberate failure to pay HMRC while withdrawing large sums for personal benefit constitutes unfitness to manage a company and justifies a six-year disqualification order.

Court Disposition

petition granted

Orders

Respondent disqualified from acting as company director for six years
Respondent found liable for expenses of the application