ABSTRACT

Woolf J: This is a case stated by a metropolitan stipendiary magistrate in respect of his adjudication whilst sitting at Wells Street, on 7 April 1981, when he dismissed two informations which had been preferred against the defendant by the prosecutor, the Secretary of State for Trade and Industry. The first of those two offences related to the fact that the defendant in the case of a company (AMF Ashby Metal Fabrications Ltd) of which he was a director and secretary, acted as an auditor when he knew he was disqualified for such appointment. The second offence was similar in nature in that he had acted as auditor of a company called Auger Safety Equipment Ltd, knowing that he was disqualified for appointment as auditor of a company in that he was also a director of that company. The offences were alleged to be contrary to s 161(2) of the Companies Act 1948 and s 13 of the Companies Act 1976.