Dave Forsey, the former chief executive of Sports Direct, is reportedly to face a criminal trial over the collapse of USC.
Forsey had tried to block the prosecution brought forward by the Department for Business, The Sunday Times reports, saying that only the secretary of state, or someone acting under their authority, could bring the proceedings.
However, on 19 May two judges said Forsey’s case was covered by the Carltona principle, which states that actions of government officials are synonymous with the actions of the secretary of state in charge of them.
Forsey and accountant Robert Palmer will now face trial for failing to give the business secretary at least 30 days’ notice that 84 warehouse workers in Ayrshire were set to lose their jobs. USC was then bought by another of Sports Direct’s fascias, Republic.
Forsey resigned from his position at Sports Direct in September.