header-logo header-logo

Company

23 June 2010
Issue: 7423 / Categories: Case law , Law digest
printer mail-detail

Kotonou v Secretary of State for Business, Enterprise and Regulatory Reform [2010] EWHC 19 (Ch), [2010] All ER (D) 148 (Jun)

In cases concerning disqualification of a director, the question for decision by the trial judge was whether the proved conduct, viewed cumulatively and taking into account any extenuating circumstances, had fallen below the standards of probity and competence appropriate for persons fit to be directors of companies.

In considering an appeal, the judge was not entitled to tinker with the sentence which the registrar had fixed, but had to identify in relation to it some error of law, whether that be taking into account an irrelevant matter, leaving out of account an relevant matter, or reaching a conclusion that was so far outside the range of reasonable difference that it had to embody some error of legal reasoning. It was necessary to restate those fundamental matters because the application of the familiar principles to the facts of a particular case was essentially a matter for the trial judge.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll