Roofing materials: director disqualification

The CMA has secured the disqualification of 3 company directors, after finding they broke competition law by forming a cartel in the construction industry.

Leave to act applications

22 July 2021: Following the hearing of the application for permission to act as directors of certain IMI Group companies, which was made to the High Court of England and Wales by Mr Maurice Sherling and Mr Graham Hudson on 26 April 2021, Mr Sherling and Mr Hudson have been granted permission in the particular circumstances of this case subject to a number of very strict conditions.

The 2 disqualified directors may now continue to act as directors and take part in the management of certain companies within the IMI Group (as specified in the Court order dated 22 July 2021) during their term of disqualification, but may not take on the directorship of any other company.

26 May 2021: Following a parallel application to the High Court in Northern Ireland for interim permission to act as a director and take part in the management of 3 companies within the IMI Group that have ‘dealings’ in Northern Ireland, Mr Maurice Sherling and Mr Graham Hudson have been granted interim permission to act. Permission was granted expressly on the basis of doing so “if and to the extent that it may be required” and pending determination of the main claim later this year. The interim permission is subject to strict conditions set out in the sealed order of Master Kelly, and largely mirrors the strict conditions attached to the interim Order of Mr Justice Mann in the England and Wales proceedings.

13 May 2021: Following an application to the court for permission to act as a director and take part in the management of a company, Mr Maurice Sherling and Mr Graham Hudson have been granted limited permission to continue to act as directors and take part in the management of certain companies within the IMI Group until the court can hear their application later this year. The permissions are subject to strict conditions set out in the order.

Director disqualification undertakings

10 March 2021: The CMA has accepted competition disqualification undertakings from Mr Jocelyn Campbell (BLM), Mr Graham Hudson and Mr Maurice Sherling (ALM).

Mr Hudson and Mr Sherling have given disqualification undertakings not to act as directors of any UK company for 4 years and 3 years respectively as of 30 May 2021. Mr Campbell has given a disqualification undertaking not to act as a director of any UK company for 6.5 years as of 18 March 2021.

Further details about the CMA’s civil investigation can be found on the roofing materials case page.

Contacts

CMA press office

Email [email protected] or call 020 3738 6460

Director of Litigation

John McInnes: [email protected]

Updates to this page

Published 23 April 2021
Last updated 23 July 2021 + show all updates
  1. Sealed order published.

  2. Sealed order published.

  3. Sealed order published.

  4. First published.