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16 December 2010
Issue: 7446 / Categories: Case law , Law digest
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Directors

Secretary of State for Business, Innovation and Skills v Doffman and another Re Stakefield (Midlands) Ltd and other companies [2010] EWHC 3175 (Ch), [2010] All ER (D) 89 (Dec)

It was established that the test under s 6 of the Company Directors Disqualification Act 1986 was whether the person’s conduct as a director of the company or companies in question made him unfit to be concerned in the management of a company. Those were ordinary words which would ordinarily be simple to apply.

When considering whether a person’s conduct made him unfit to be concerned in the management of a company, the court was required by s 9 of the 1986 Act to have regard to the matters listed in Sch 1 to the 1986 Act. That list, however, was not an exhaustive list of the matters which might be taken into account in determining unfitness. The burden of proof in alleging unfitness rested on the Secretary of State, and was the ordinary civil standard.
 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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