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 108, September 2024

UPDATE INFORMATION
The following sections have been comprehensively updated:
Division III, Chapter 1 Prerequisites for commencing disqualification and analogous proceedings Division III, Chapter 3A Bankruptcy and bankruptcy restrictions Division VIII, Chapter 1 Human rights: an overview Division VIII, Chapter 2 The application of the ECHR and the HRA 1998 to directors' disqualification and analogous proceedings Division X, Form 5A Enforcement Concordat - Information for Insolvency Practitioners Division X, Form 5M CMA's guidance as to the appropriate amount of a penalty (CMA73, 16 December 2021) Division X, Form 18C Insolvent Company Investigations Division X, Form 77C Bankruptcy: Additional Effects of a bankruptcy restrictions order or undertaking Division X, Form 77D Technical Guidance for Official Receivers Division XI, The Chancery Guide

Contributors

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