In applications under s 1322(4) to validate share trades made without disclosure, the court may examine the honesty of company directors and officers as persons 'concerned in' the contravention under s 1322(6)(a)(ii), even where those persons were not 'knowingly concerned' in the accessorial liability sense. The test is whether there is a practical connection between the person's actions and the contravention, and whether from a common sense perspective the actions really contributed to the contravention. Directors who proceed with share issues knowing cleansing notices cannot be issued, and who fail to take adequate steps to prevent trading, may be found to be 'concerned in' the sellers' contraventions, though such conduct does not necessarily amount to dishonesty.
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