Secretary of State for Business Innovation and Skills -v- James John Marshall
On 30 October 2015, His Honour Judge Pelling QC sitting as a Judge of the High Court heard an application in the High Court, Chancery Division, Manchester District Registry by the Secretary of State for Business Innovation and Skills (“SSBIS”) that Mr James John Marshall be dealt with as if he had been in contempt of court pursuant to s.453C(3) of the Companies Act 2015 by reason of Mr Marshall having failed to comply with a requirement imposed upon him by an Investigator appointed by SSBIS pursuant to s.447 and s.453A of the Companies Act 1985.
Mr Marshall did not appear and was not represented.
The Judge was satisfied beyond reasonable doubt that:
- the application complied with the formal requirements applicable to it by operation of CPR r.81.15;
- the application had been served on Mr Marshall in accordance with the directions for service given by the Order of HH Judge Hodge QC sitting as a Judge of the High Court on 18 September 2015;
- by three letters delivered to Mr Marshall dated 27 April, 14 May and 22 May 2015 the SSBIS’s Investigator had required Mr Marshall to supply to her various documents relating to a company of which he was a director, which he had failed to comply with, and that he had failed to attend for an interview as required by the letters of 14 and 22 May 2015; and by reason thereof
- Mr Marshall was a person to whom s.453C(1) of the Companies Act 2015 applied; and thus was a person who could be dealt with as if he had been guilty of contempt by operation of s.453C(3) of the Companies Act 2015.
The Judge imposed a sentence of 3 months imprisonment suspended on terms that (a) Mr Marshall provided the documentation set out in the schedule to the letter of 27 April 2015 by delivering the same to the offices of the Investigator by no later than 4 p.m. on 15 November 2015 and (b) that he attends at the offices of the Investigator for interview at 11 a.m. on 24 November 2015 or such other date as might be notified to Mr Marshall in writing by the Investigator.
His Honour Judge Pelling QC