NOT YET PUBLISHED
This work presents comprehensive analysis of the UK disqualification and bankruptcy restrictions regimes. It examines legislation and legal principles, provides a detailed account of the circumstances in which courts will disqualify or impose bankruptcy restrictions on company directors, and explains the consequences of disqualification.
The new edition brings the text fully up to date, discussing important recent case law, including that on de facto directors, and amendments to the Disqualification Practice Direction, the Insolvency Practice Direction, and to the Insolvent Companies (Proceedings against Unfit Directors Proceedings) Rules 1987.
- Explains the history of the common law and statutory regimes and the implications for modern practice
- Explores the core principles of 'unfit conduct' and how it is established
- Deals with dismissal under a Competition Disqualification Order
- Goes through contested dismissal procedures, what to expect, how to prepare, evidential requirements and burdens and how to present a case in civil proceedings
- Covers the making of a disqualification order, the procedural and service requirements and 'what happens next'
- Looks at bankruptcy and the effect of county court orders on directors
- Explains the impact of disqualification, what can and can't be done by the individuals and companies concerned
- Discusses the increasingly important ramifications of a foreign disqualification provision on the appointment of a director in the UK
- Features case studies, practical examples and checklists to help clarify complex topics
- Provides uniquely compiled appendices of material necessary to launch proceedings, meet disclosure requirements, and submit a claim