HER MAJESTY'S SECRETARY OF STATE FOR BUSINESS INNOVATION AND SKILLS v. SAQUIB DIN FOR A DISQUALIFICATION ORDER UNDER THE COMPANY DIRECTORS DISQUALIFICATION ACT 1986

FOR A DISQUALIFICATION ORDER UNDER THE COMPANY DIRECTORS DISQUALIFICATION ACT 1986

[1] This application by the Secretary of State for disqualification of the respondent comes before me unopposed, as the respondent did not lodge answers. I am satisfied that the petition was served on the respondent timeously and that the application is therefore properly before me.

[2] It is established, first, that the respondent was the Director of STH Commodities Ltd when it went into insolvent liquidation on 5 April 2011. It is also established that Mr Din was the director of the company throughout its trading life and took an active part in its management. He was the sole shareholder and was in effect the principal of the company. Thirdly, I am satisfied that his conduct makes him unfit to be concerned with the management of the company. The issue therefore is the period of disqualification.

[5] These factors lead me to the conclusion that Mr Din has systematically abused the privilege of trading with limited liability by his failure to comply with the statutory and other duties which accompany that privilege.

[6] In support of his submission Mr Duthie referred me to Mithani, Directors' Disqualification Vol.1, paragraphs 1494 and 1538, Re Brooks Trnasport Ltd [1993] BCC 766, Official Receiver v Hubbard 26 June 2007 (unreported but summarised in (2008) 323 Disqualification Newsletter (May)) and Secretary of State for Business Innovation & Skills v Malcolm Kirkcaldy Sheriff Court 6 April 2011, Sheriff Braid (unreported).