Directors’ disqualification

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Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 12th Jan
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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9th Nov
Practice notes
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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9th Nov
Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov

Most recent Directors’ disqualification content

Practice notes
Section 6 of the Company Directors Disqualification Act 1986Section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) provides...
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15th Jan
Practice notes
There are various ways in which a director can be disqualified from acting as a director of a limited liability company. The most common of these is...
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15th Jan
Practice notes
DisqualificationDirectorsPrincipally, disqualification proceedings are brought against directors of companies. Proceedings are brought pursuant to the...
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Produced in partnership with Katherine Hallett of Three Stone Chambers 15th Jan
Practice notes
This practice note discusses the ability for a disqualified director to apply for permission to act as a director despite disqualification, using s 17...
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15th Jan
Practice notes
This Practice Note deals with appeals against orders made in directors’ disqualification proceedings in England and Wales.Coronavirus (COVID-19)This...
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Produced in partnership with Sarah Clarke of Hardwicke Chambers and Sri Carmichael of Hardwicke Chambers 15th Jan
Practice notes
Commencement of disqualification order and undertakingSection 1(1) of the Company Directors Disqualification Act 1986 (CDDA 1986) provides that a...
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15th Jan
Practice notes
The legislation surrounding director disqualification applications under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) can...
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15th Jan
Practice notes
How can a director be disqualified?There are many ways in which a director may be disqualified, from the various sections under the Company Director's...
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15th Jan
Practice notes
Despite their penal nature, disqualification proceedings are civil proceedings, and the general principles relating to costs that apply to other civil...
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15th Jan
Practice notes
Pre-action investigation and protocolWho brings proceedings under s 6 Company Director's Disqualification Act (CDDA) 1986?All proceedings under CDDA...
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15th Jan
Practice notes
Miscellaneous procedural pointsDisclosureThere is normally no formal standard requirement for disclosure of documents under the Part 8 procedure. A...
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15th Jan
Practice notes
Since 25 April 2017, it has been mandatory to use electronic filing (e-filing) in all jurisdictions of the Rolls Building, which includes the...
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15th Jan
Practice notes
Applications for leave to act as a director, and the possible conditions attached to leaveOnce a director is disqualified under CDDA 1986, he may...
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15th Jan
Practice notes
The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) received Royal Assent on 26 March 2015 and introduced a series of amendments and...
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15th Jan
Practice notes
The purpose of this Practice Note is to:•describe section 216 of the Insolvency Act 1986 (IA 1986)•discuss the exceptions to that section•discuss how...
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15th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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15th Jan
Practice notes
STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date...
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8th Jan
Q&As
Judges, Masters and RegistrarsSection 4 of the Senior Courts Act 1981 (SCA 1981) provides for a specified number of ‘judges’ of the High Court. In...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 8th Jan

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