Source: All England Reporter
Publisher Citation: [2005] All ER (D) 399 (Nov)
Court: Chancery Division, Birmingham
Judge:

Judge Norris QC sitting as a judge of the High Court

Representation Paul Burton (instructed by Lewis Onions) for the applicant.
  Tina Kyriakides (instructed by Garrats Legal) for the first respondent.
  The second respondent appeared in person.
Judgment Dates: 4 November 2005

Catchwords

Company - Director - Disqualification - Personal liability for company's debts where person acts while disqualified - Representative parties with same interest - Liability of directors - , s 15 - CPR 19.6, .

The Case

On its true construction s15 of the did not confer on the company (co-debtor A) the right to sue the disqualified director (co-director B) for the amount of the debt that was owed to C. The personal responsibility created by the section was to the creditor and with the company. The section did confer on the company (co-debtor A) the right to recover from the disqualified director (co-debtor B) a contribution in circumstances where the general law so allowed. It was that right that the liquidator had under s15 and could enforce.

Practice Areas

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