Directors' Disqualification and Insolvency Restrictions provides an extensive study of the law and practice relating to directors' disqualification under the Company Directors' Disqualification Act 1986. It addresses the nature, purpose and legal effects of the disqualification and bankruptcy restrictions regimes in the UK, and explains what the courts are looking for when deciding whether to disqualify or impose bankruptcy restrictions.
The third edition provides full coverage of changes arising from the Companies Act 2006, contains a new chapter on the international dimension, explains updates to the Disqualification Practice Direction and the Insolvency Practice Direction, and discusses the implications of a wealth of new case law.
• Incorporates extensive changes in the law
• Covers disqualification resulting from unfit conduct, competition orders, civil proceedings and alternative disqualification proceedings
• Guides readers through the bankruptcy restrictions regime
• Includes full coverage of recent case law on de facto directors.
Contents
Company Directors' Disqualifications Act 1986. The nature and purpose of directors' disqualification. Disqualification for unfit conduct: preliminary matters. Establishing unfit conduct (1): general principles. Establishing unfit conduct (2): Specific instances of unfit conduct and period of disqualification. Competition disqualification orders. Procedure and evidence in civil disqualification proceedings. Permission to commence Section 6 proceedings out of time and the impact of delay in civil disqualification. Civil disqualification cases: termination without a full trial. Alternative grounds for disqualification: Sections 2-5 and 10 of the CDDA. Bankruptcy, bankruptcy restrictions and county court administration orders. Disqualification orders and undertakings. Procedure in civil disqualification proceedings after judgment or entry into disqualification undertakings: reviews, variations and appeals. The legal effect of disqualification. Permission to act notwithstanding disqualification. The international dimension – foreign disqualification provision. Appendices.
Jurisdiction: UK, England & Wales
Corporations