The meaning of the term "director", as found in section 28(5)(a) of the Goods Vehicles (Licensing of Operators) Act 1995, has recently been considered by the Upper Tribunal in Bradley & Anor (Transport : Traffic Commissioner cases) [2014] UKUT 253 (AAC). The Tribunal rejected the argument that "director" in this context was limited to an individual lawfully appointed as such and appearing on the Register at Companies House. It also held, after considering the meaning of de jure, de facto and shadow directorships, that "... what really matters is whether the evidence shows that the person concerned probably played a part in the corporate governing structure of the company in question. If the answer is that they did, that, in our view, is what matters for the purpose of engaging s. 28(5)(a) of the 1995 Act" (para. [27]).
Tuesday, 1 July 2014
UK: Upper Tribunal considers meaning of "director"
The meaning of the term "director", as found in section 28(5)(a) of the Goods Vehicles (Licensing of Operators) Act 1995, has recently been considered by the Upper Tribunal in Bradley & Anor (Transport : Traffic Commissioner cases) [2014] UKUT 253 (AAC). The Tribunal rejected the argument that "director" in this context was limited to an individual lawfully appointed as such and appearing on the Register at Companies House. It also held, after considering the meaning of de jure, de facto and shadow directorships, that "... what really matters is whether the evidence shows that the person concerned probably played a part in the corporate governing structure of the company in question. If the answer is that they did, that, in our view, is what matters for the purpose of engaging s. 28(5)(a) of the 1995 Act" (para. [27]).
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