Subjects:

Company Law

Contents:

Part 1

Personal liability of company directors: misfeasance proceedings

fraudulent trading

wrongful trading

the Phoenix syndrome

Section 349(4) of the Companies Act 1985.

Part 2

Disqualification of company directors: the Company Directors Disqualification Act 1986

disqualification for unfit conduct in the management of an insolvent company (section 6, CDDA 1986)

procedural and evidential matters pertinent to the CDDA 1986.

This work seeks to identify and analyse the circumstances in which directors of insolvent companies may be subject to a liability or be subject to disqualification proceedings.