R v Brockley [1994] 1 BCLC 606, [1994] BCC 131, CA

In this case Brockley was convicted of taking part in the management of a company while he was an undischarged bankrupt. His defence was that he honestly believed the bankruptcy had been discharged automatically through the lapse of time and so that we was able to be a director again.

Held: The prohibition against acting as a director whilst bankrupt was absolute and the offence was one of strict liability thus the belief of the accused, however honest, that he was no longer a bankrupt made no difference.

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