PracticeAccounting FirmsNMEC summons application put on hold by court

NMEC summons application put on hold by court

Attempts to apply for a summons to bring a private prosecution against company doctor David James and former ICAEW president Sir Brian Jenkins for their role in the winding up of the New Millennium Experience Company have taken a further twist.

Link: Dome chiefs face summons

Accountancy Age revealed last week an application, under criminal law, had been made by Leigh Acton of the Greenwich Millennium Exhibition. It claimed that the former NMEC directors, along with three others, ‘made a material omission’ from a statement of the company’s affairs during the winding up process.

But the court has written to Acton, raising concerns and leaving the matter adjourned. The letter questions whether GME can make an application, saying that the right to bring proceedings is limited to those involved in the liquidation.

It also said that a civil action by GME in the High Court, to have the liquidation of NMEC nullified, could be put at risk if criminal proceedings were to go ahead at the same time.

Acton has countered the court’s concerns, claiming he can bring the private prosecution because NMEC went through a voluntary winding up, not a compulsory procedure.

He requested a date to make legal submissions if his summons application is not permitted to go ahead.

The other directors subject to the application are Robin Hewes, David Quarmby and Len Duvall.

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