Efforts to bring a private criminal prosecution against directors at the New Millennium Experience Company look set to be resumed after it emerged a second hearing is being sought at Bow Street Magistrates Court.
Company doctor David James and ex-president of the ICAEW Sir Brian Jenkins are among the five directors accused by Leigh Acton, of the Greenwich Millennium Exhibition, of making material omissions from the statement of accounts for NMEC in a court hearing two weeks ago.
The first hearing, revealed by Accountancy Age, was delayed while magistrates considered the summons application against the five men. Acton is now contacting the court seeking to determine a suitable date to consider the applications.
The five directors are also believed to have been approached, with sources close to the case expecting at least some of them to attend the hearing.
A date towards the latter end of August seems likely, and Accountancy Age understands that highly experienced criminal barrister Richard Benson QC will attend to represent Acton and GME.
In a separate High Court hearing, Justice Collins last week threw out a claim by GME to have the liquidation of NMEC nullified.
GME alleged that because Lord Falconer, the sole shareholder in NMEC, had not been properly registered, the liquidation should not have taken place and should have been a creditors’ voluntary winding up instead.
Although Justice Collins threw the case out, describing it as obsessive, GME is determined to follow it through and has stated an intention to appeal.
And in a further twist, Accountancy Age has learned that GME has faced a winding up petition over the failure to pay fees to law firm SK Sport & Entertainment. The hearing was expected to take place yesterday at the Royal Courts of Justice.
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