Welsh Rugby Club Makes Legal History
Hawkes v Cuddy and others [2007] EWHC 1935 (Ch)
Ch D
Weekly Law Reports Summary
31 July 2007
The court had jurisdiction to grant a declaration on a petition brought under s 459 of the Companies Act 1985 where the unfair prejudice relied on was caused by the alleged contravention of s 216 of the Insolvency Act 1986 by a director of a company in liquidation who had become the director of another company that was known by a prohibited name.
Judge Havelock-Allan QC, sitting as a High Court judge in the Bristol District Registry of the Chancery Division, so held when: (i) allowing the application of the petitioner, Frederick Geraint Hawkes, for summary judgment against the respondents, Simone Francesca Cuddy, Michael Cuddy and Neath Rugby Ltd, on a petition brought under s 459 of the 1985 Act; (ii) dismissing the first respondent’s application to strike out the petition; and (iii) allowing the petitioner’s application to strike out parts of the cross-petition presented by the respondents.
The second respondent, Mr Cuddy, was a director of a company, Gowerpark Ltd, which managed Neath RFC, a local Welsh rugby club.