Directors' Disqualification and Insolvency Restrictions, 3rd Edition

Author: Malcolm Davis-White, QC; Adrian Walters
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847033338
Published In: December 2009
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Details

Offering specialist commentary and opinion Directors' Disqualification and Bankruptcy Restrictions:

Provides background on the CDDA and its impact
Examines the core provisions relating to disqualification for unfit conduct
Considers the commencement of disqualification proceedings and the concept of unfit conduct
Illuminates the application of the CDDA to competition law infringements
Gives guidance on civil disqualification proceedings, including the application process, conduct before and duringproceedings, evidence and costs
Discusses commencement of section 6 proceedings out of time
Covers termination without a full trial for civil disqualification cases with particular emphasis on disqualification undertakings
Provides insight into the different grounds of directors disqualification
Includes analysis of the bankruptcy regime and the impact of the Enterprise Act 2002 on directors disqualification
Covers disqualification orders and undertakings
Considers procedure in relation to reviews, variations and appeals
Examines the scope of future business activities for disqualified directors and the law and practice relating to applications by such directors for permission to engage in corporate activity
Reproduces relevant legislation, practice directions and guidelines for easy reference

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