Secretary of State for Trade and Industry v Jones

JurisdictionEngland & Wales
CourtChancery Division
Date1999
Year1999

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17 cases
  • Smithton Ltd v Naggar
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 2014
    ...director has no alternative capacity and must have acted either as an individual person or as a director. One such case is Secretary of State v Jones [1999] BCC 336, where Jonathan Parker J held that a management consultant was a de facto director of his client company. He had signed a lett......
  • Xenfin Fund 1 Trading Ltd ((in Liquidation)) v GFG Ltd
    • United Kingdom
    • Chancery Division
    • 31 January 2025
    ...The court should look at all the circumstances “in the round” (per Jonathan Parker J in Secretary of State for Trade and Industry v Jones [1999] BCC 336). 41. It is also important to look at the acts in their context. A single act might lead to liability in an exceptional case. 42. Relevant......
  • The Official Receiver v Sunetra Atkinson
    • United Kingdom
    • Chancery Division
    • 12 February 2021
    ...The court should look at all the circumstances “in the round” (per Jonathan Parker J in Secretary of State for Trade and Industry v Jones [1999] BCC 336). 41. It is also important to look at the acts in their context. A single act might lead to liability in an exceptional case. 42. Relevant......
  • Secretary of State for Trade and Industry v Hollier
    • United Kingdom
    • Chancery Division
    • 17 July 2006
    ...in the light of all relevant facts. Mr Carlisle, nevertheless, criticised the statement of Jonathan Parker J in Secretary of State for Trade and Industry v Jones [1999] BCC 336 at p.349 that: "… the correct approach in deciding whether or not a respondent is a de facto director is to look a......
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3 firm's commentaries
  • Defining Directorship: 'De Facto' Directors And The BVI Business Company
    • British Virgin Islands
    • Mondaq Virgin Islands
    • 15 December 2014
    ...relied on must be weighed: the circumstances should be considered "in the round" (per Jonathan Parker J in Secretary of State v Jones [1999] BCC 336). It is also important to look at the acts in their context. A single act might in an exceptional case lead to a conclusion that the person is......
  • Defining Directorship: De Facto Directors And The BVI Business Company
    • British Virgin Islands
    • Mondaq Virgin Islands
    • 16 December 2014
    ...relied on must be weighed: the circumstances should be considered "in the round" (per Jonathan Parker J in Secretary of State v Jones [1999] BCC 336). It is also important to look at the acts in their context. A single act might in an exceptional case lead to a conclusion that the person is......
  • Out Of The Shadows Into The Light: 'Shadow Directors' Now Recognized In Bahamian Companies Law
    • Bahamas
    • Mondaq Bahamas
    • 25 February 2014
    ...Gazette 9 Elsworth Ethanol Company Ltd v Hartley and others (2014) EWHC 99 (IPEC) 10 Secretary of State for Trade and Industry v Jones [1999] BCC 336, 349 11 [1991] BCLC 792 12 See the US case of State National Bank of El Paso v Farah Manufacturing Co Inc 678 SW 2d 661 (Tex App 1984) 13 Re ......
1 books & journal articles
  • Corporate Management
    • Jamaica
    • Corporate Business Principles. A Guide to the Jamaica Companies Act
    • 18 February 2021
    ...of the Companies Act 2004 following the United Kingdom Companies Act 1985 s 741(2). 3 However, the concept of ‘shadow director’ is not 2. [1999] BCC 336. 3. See Secretary of State for Trade and Industry v Deverell [2000] BCC 1057; Secretary of State for Trade and Industry v Aviss [2006] EWH......