Question
In January 1999, Ben set up in business as a sole trader supplying cakes and desserts to local restaurants from leased premises. In January 2000,
In January 1999, Ben set up in business as a sole trader supplying cakes and desserts to local restaurants from leased premises. In January 2000, he formed Just Desserts Ltd and, in consideration of the transfer of the business and its assets, including the leased premises, to the company, he was issued with 10,000 1 shares in Just Desserts Ltd. Ben was the sole shareholder and director.
He signed a contract of employment with the company and drew a salary. In December 2004, Ben made a loan to the company of 25,000 to buy new equipment. The loan was secured by a floating charge over the company's assets.
In July 2006, Ben was injured in a gas explosion while at work and the building was badly damaged. Ben's insurance policy on the building and contents was taken out in his name in January 1999.
In 2007, although the business was trading profitably, Ben decided that, in view of his injuries, he would retire and dissolve the company.
Advise Ben on the following:
(a) The validity of the one-man company
(b) His right to claim under his insurance policy for the fire damage to the property
(c) His claim against the company for compensation for his injuries
(d) His right to claim as a secured creditor in respect of his floating charge and for arrears of salary.
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