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 105, March 2024



UPDATE INFORMATION
The following sections have been comprehensively updated:

Division VII, Chapter 2 Appeals
Division IXA, Chapter 1 Introduction
Division IXA, Chapter 2 Disqualification regime
Division IXA, Chapter 3 Information gathering
Division IXA, Chapter 4 Substantive law
Division IXA, Chapter 5 Procedure
Division IXA, Chapter 6 Effect of a disqualification order or analogous statutory provision
Division IXA, Chapter 7 Leave to act
Division IXA, Chapter 8 Costs, expenses and appeals
Division X, Forms and Precedents
Division X, Form 5.3 Make a complaint to the Insolvency Service
Division X, Form 5AC.1 How to comply with competition law
Division X, Form 5AC.2 Our Cheating or Competing Campaign
Division X, Form 5L.1 Guidance on the functions of the CMA after the end of the Transition Period (CMA125)
Division X, Form 7 Notice under s 16 of the CDDA 1986 of intention to apply for a disqualification order
Division X, Form 8 Advice letter to client concerning implications of disqualification proceedings brought or proposed to be brought against him under s 6 of the CDDA 1986
Division X, Chapter 4 Forms and precedents relating to the issue and prosecution of disqualification proceedings under s 6 of the CDDA 1986
Division X, Form 18C Insolvent Company Investigations
Division X, Form 18D Live Company Investigations – what we do
Division X, Form 18E Dissolved company investigations
Division X, Form 43 Order granting permission to use prohibited name
Division X, Form 68 Letter advising client on effects of disqualification order or disqualification undertaking
Division X, Chapter 17 Forms and precedents relating to the making of Pt 36 offers in disqualification proceedings
Division X, Chapter 18 Forms and precedents relating to the acceptance and variation or discharge of a disqualification undertaking
Division X, Chapter 22 Forms and precedents relating to the imposition of disqualification for competition breaches under ss 9A–9E of the CDDA 1986
Division X, Chapter 23 Forms and precedents for making judicial review claims in disqualification proceedings
Division X, Chapter 24 Forms and precedents relating to compensation orders and compensation undertakings
Division X, Form 98 Compensation Orders: Enforcement Investigation Guidance ('EIG') (December 2018) (superseded version)
Division X, Form 98A Compensation Orders: Enforcement Investigation Guidance ('EIG'), revised December 2023

Contributors

Jeremy Bamford BA (Oxon), Barrister  Contributor
Julie Carney Senior Lawyer, Legal Services, Insolvency Service, Department of Business, Energy and Industrial Strategy, London  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  Advisory editor
District JudgeChristopher Lethem BA (Hons), Joint Course Director of the Civil Continuation Course for the Judicial Studies Board  Contributor
Donna W McKenzie-Skene LLB (Hons), Dip LP, NP, Lecturer in Law, University of Aberdeen  Advisory editor
DrJohn Tribe LLB, LLM, PGCE (FHEA), PhD, Senior Lecturer in Law, Liverpool Law School, University of Liverpool  Contributor
ProfessorPeter Walton LLB (Hons), PhD, Professor of Insolvency Law, Wolverhampton Law School, University of Wolverhampton  Contributor
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
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
His HonourJudge Abbas Mithani QC (Hon), LLM, Circuit Judge, Honorary Professor of Law at Birmingham University and Visiting Professor of Law at Newcastle and Kingston Universities  Consultant editor
Elliott Burns Former Chief Examiner, Company Investigations Directorate, Insolvency Service, Department of Business, Innovations and Skills, London  Advisory editor
Neil Davies BA (Hons), Solicitor and Partner at Neil Davies and Partners, Solicitors  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  Advisory editor
Andrew Westwood MA (Oxon), Barrister, one of the Junior Counsel to the Crown  Advisory editor
The Right Honourable Justice Carr A Lady Justice of Appeal  Contributor
Matthew Pope LLB (Hons), Solicitor, Professional Support Lawyer, Insolvency Service, Department for Business, Energy and Industrial Strategy, Manchester  Advisory editor
District JudgeMichael 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
The Right Honourable Lord Neuberger of Abbotsbury, Master of the Rolls and Head of Civil Justice  Advisory editor
Mohammed Qasim LLB (Hons), Solicitor and Partner at Brindley Twist Tafft and James, Solicitors  Advisory editor
The Honourable Justice Newey A Judge of the High Court Justice, Chancery Division  Advisory editor
Dr David Capper LLB, LLM (Cantab), PhD, Barrister, Reader in Law, Queen's University Belfast  Contributor
DrStephen 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  Advisory editor
Simon Jones Solicitor and Director of Litigation, Competition and Markets Authority  Contributor
Raza Mithani LLB (Hons), Hardwicke Scholar, of Lincolns Inn, Barrister  Contributor
C Euan Duthie QC MA (Hons), LLB, Sheriff of Tayside Central and Fife at Perth   Contributor
Stephen Whitaker MA, BCL, (Oxon), Barrister  Contributor
The Right Honourable Sir Robin Jacob Professor of Law, University College, London and former Lord Justice of Appeal  Consultant editor
ProfessorJoanna Gray LLB (Hons), LLM, Professor of Financial Regulation, Newcastle University  Advisory editor
Jonathan McGurk FCCA, Head of IES Technical Team, Investigation and Enforcement Services, Insolvency Service, Department of Business, Energy and Industrial Strategy, Plymouth  Contributor
Davinia Gransbury LLB, Solicitor, Partner of Wragge & Co LLP, Panel Solicitors for the Secretary of State for Business, Innovations and Skills  Advisory editor
Sailesh Mehta LLB (Hons), Barrister, 18 Red Lion Court, Recorder of the Crown Court  Advisory editor
ProfessorRebecca Parry LLB, Dip LP, LLM, PhD, Lecturer, Nottingham Trent University  Contributor
Hodge M. Malek QC BCL, MA (Oxon), Recorder and Bencher of Gray's Inn  Contributor
Hussein Mithani LLB (Hons), Associate Solicitor at Herbert Smith Freehills LLP  Contributor
Gareth Allen Assistant Director, Investigation and Enforcement Services, Insolvency Service, Department of Business, Energy and Industrial Strategy, London   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
Colin Evans Head of IES Technical Team, Investigation and Enforcement Services, Insolvency Service, Department of Business Innovations and Skills, London  Advisory editor
Tiran Nersessian MA (Oxon), Barrister, 4 Stone Buildings  General editor
Philip Capon LLB (Hons), Barrister at East Anglian Chambers, Junior Counsel to the Crown, Deputy District Judge  Contributor
Estelle Dehon LLB (Wits), BCL MPhil (Oxon), Barrister at 4-5 Gray's Inn Square  Contributor
Stuart Isaacs QC Partner at Berwin Leighton Paisner, Solicitors, London and a Deputy Judge of the High Court  Contributor
DrJonathan Galloway LLB (Hons), PhD, Attorney-at-Law (New York) Lecturer in Law (Newcastle University)  Contributor
Richard Ascroft LLB (Hons) (Otago, NZ), BCL (Oxon), Barrister  Contributor
Christopher Buckley MA (Cantab), Barrister, Radcliffe Chambers  Contributor
David M Thomson QC LLB (Hons), Dip LP, Advocate, Axiom Advocates; and formerly standing Junior Counsel to the Advocate General for Scotland  Contributor
Alexander Cook MA (Oxon), Barrister, 4 Stone Buildings  Contributor
James Potts QC, MA (Oxon), MPhil (Cantab), Dip Law, Barrister  Contributor
David Greene M.Sc, FICArb, Solicitor and Senior Partner at Edwin Coe LLP, Past President of the Law Society of England & Wales and of the London Litigation Solicitors Association, and former member of the Civil Procedure Rule Committee and of the Civil Justice Council  Advisory editor
Peter Grieves-Smith LLB (Hons), Barrister, Principal Crown Advocate, Crown Prosecution Service, West Midlands  Contributor
ProfessorDavid 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