Mithani: Directors' Disqualification

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Commentary

The full text of the unparalleled authority on directors disqualification, Mithani gives you the entire law and procedure relating to the disqualification of company directors, including a full explanation of the complex rules that have developed under the Company Directors Disqualification Act 1986. Also includes Forms and Precedents.

SOURCE CURRENCY
Issue 82, December 2019

UPDATE INFORMATION
The following section has been comprehensively updated:

Division VI, Chapter 1 Permission to act - scope of Division and overview Division VI, Chapter 2 Clarification of non-prohibited activities - the court's power to grant declaratory relief

Division VI, Chapter 3 Permission to act - practice and procedure under s 17 of the CODA 1986

Division VI, Chapter 4 Permission to act as director or in management following disqualification order or undertaking other than for competition infringements

Division VI, Chapter 5 Permission to act as director or III management following disqualification for competition infringements

Division VI, Chapter 6 Permission to act as director or III management where disqualification arises otherwise than under a disqualification order or undertaking

Division VI, Chapter 7 Prohibition from acting as insolvency practitioner Division VI, Chapter 8 The court's power to grant permission to act in the promotion or formation of a company

Division VI, Chapter 9 Permission to act as receiver of a company's property under a disqualification order or disqualification undertaking

Division VI, Chapter 10 Interim and emergency permission and action following refusal of permission

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Contributors

 Andrew Westwood MA (Oxon), Barrister, one of the Junior Counsel to the Crown Advisory editor
District Judge Christopher Lethem BA (Hons), Joint Course Director of the Civil Continuation Course for the Judicial Studies Board Contributor
 Clive Jones BA (Oxon), Insolvency and Companies Court Judge, Business and Property Courts of England and Wales; and a deputy Judge of the High Court Contributor
 Colin Evans Head of IES Technical Team, Investigation and Enforcement Services, Insolvency Service, Department of Business Innovations and Skills, London Advisory editor
 Daniel Margolin QC BA (Oxon), Partner at Joseph, Hagh, Aaronson LLP; and formerly a barrister at Maitland Chambers and one of the Junior Counsel to the Crown Contributor
Professor David McClean CBE, QC (Hon), MA, DCL (Oxon), Hon LittD (Sheff), FBA, Bencher of Gray's Inn, Emeritus Professor, University of Sheffield, Membre, Institut de Droit International Contributor
Dr David Capper LLB, LLM (Cantab), PhD, Barrister, Reader in Law, Queen's University Belfast Contributor
 David M Thomson QC LLB (Hons), Dip LP, Advocate, Axiom Advocates; and formerly standing Junior Counsel to the Advocate General for Scotland Contributor
Professor David Ormerod QC (Hon) Bencher of Middle Temple, Professor of Criminal Justice, University College, London; Law Commissioner; and a deputy Judge of the High Court Contributor
 Davinia Gransbury LLB, Solicitor, Partner of Wragge & Co LLP, Panel Solicitors for the Secretary of State for Business, Innovations and Skills Advisory editor
 Donna W McKenzie-Skene LLB (Hons), Dip LP, NP, Lecturer in Law, University of Aberdeen Advisory editor
 Elliott Burns Former Chief Examiner, Company Investigations Directorate, Insolvency Service, Department of Business, Innovations and Skills, London Advisory editor
 Estelle Dehon LLB (Wits), BCL MPhil (Oxon), Barrister at 4-5 Gray's Inn Square Contributor
 Hodge M. Malek QC BCL, MA (Oxon), Recorder and Bencher of Gray's Inn Contributor
The Right Honourable Justice Carr A Lady Justice of Appeal Contributor
The Right Honourable Lord Neuberger of Abbotsbury, Master of the Rolls and Head of Civil Justice Advisory editor
The Right Honourable Sir Robin Jacob Professor of Law, University College, London and former Lord Justice of Appeal Consultant editor
 Hussein Mithani LLB (Hons), Associate Solicitor at Herbert Smith Freehills LLP Contributor
 James Potts QC, MA (Oxon), MPhil (Cantab), Dip Law, Barrister Contributor
 Jeremy Bamford BA (Oxon), Barrister Contributor
Professor Joanna Gray LLB (Hons), LLM, Professor of Financial Regulation, Newcastle University Advisory editor
Dr John Tribe LLB, LLM, PGCE (FHEA), PhD, Senior Lecturer in Law, Liverpool Law School, University of Liverpool Contributor
Dr Jonathan Galloway LLB (Hons), PhD, Attorney-at-Law (New York) Lecturer in Law (Newcastle University) Contributor
 Jonathan McGurk FCCA, Head of IES Technical Team, Investigation and Enforcement Services, Insolvency Service, Department of Business, Energy and Industrial Strategy, Plymouth Contributor
His Honour Judge Abbas Mithani QC (Hon), LLM, Circuit Judge, Honorary Professor of Law at Birmingham University and Visiting Professor of Law at Newcastle and Kingston Universities General editor
 Julie Carney Senior Lawyer, Legal Services, Insolvency Service, Department of Business, Energy and Industrial Strategy, London Contributor
The Honourable  Justice Newey A Judge of the High Court Justice, Chancery Division Advisory editor
The Honourable  Justice Picken A Judge of the High Court of Justice, Presiding Judge of the Midland Circuit and a Judge of the Commercial Court and the Technology and Construction Court Contributor
District Judge Michael Anson MA (Cantab), Joint Course Director of the Civil Law Seminars and Deputy District Judge Induction Training for the Judicial College; specialist Insolvency Judge; and member of the Insolvency and Companies User Committee Contributor
 Mohammed Qasim LLB (Hons), Solicitor and Partner at Brindley Twist Tafft and James, Solicitors Advisory editor
 Morris Peacock LLB (Hons), Partner at Howes Percival LLP, Panel Solicitors for the Secretary of States for Business, Innovations and Skills Advisory editor
 Neil Davies BA (Hons), Solicitor and Partner at Neil Davies and Partners, Solicitors Contributor
 Peter Grieves-Smith LLB (Hons), Barrister, Principal Crown Advocate, Crown Prosecution Service, West Midlands Contributor
Professor Peter Walton LLB (Hons), PhD, Professor of Insolvency Law, Wolverhampton Law School, University of Wolverhampton Contributor
 Philip Capon LLB (Hons), Barrister at East Anglian Chambers, Junior Counsel to the Crown, Deputy District Judge Contributor
 Raza Mithani LLB (Hons), Hardwicke Scholar, of Lincolns Inn, Barrister Contributor
Professor Rebecca Parry LLB, Dip LP, LLM, PhD, Lecturer, Nottingham Trent University Contributor
Chief Registrar Baister MA, PhD, Chief Bankruptcy Registrar of the High Court Advisory editor
 Richard Ascroft LLB (Hons) (Otago, NZ), BCL (Oxon), Barrister Contributor
 Sailesh Mehta LLB (Hons), Barrister, 18 Red Lion Court, Recorder of the Crown Court Advisory editor
 Simon Jones Solicitor and Director of Litigation, Competition and Markets Authority Contributor
Dr Stephen Baister MA, PhD, Deputy Insolvency and Companies Court Judge, Business and Property Courts of England and Wales; and formerly Chief Bankruptcy Registrar of the High Court Contributor
 Stephen Whitaker MA, BCL, (Oxon), Barrister Contributor
 Stuart Isaacs QC Partner at Berwin Leighton Paisner, Solicitors, London and a Deputy Judge of the High Court Contributor