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Vol 25 No 2 Feb/March 2020

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Directors' Disqualification and Insolvency Restrictions 4th ed (Book & eBook Pack)

ISBN13: 9780414061217
To be Published: December 2020
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Book & eBook Pack (ProView)
Price: £339.00
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This work presents comprehensive analysis of the UK disqualification and bankruptcy restrictions regimes. It examines legislation and legal principles, provides a detailed account of the circumstances in which courts will disqualify or impose bankruptcy restrictions on company directors, and explains the consequences of disqualification.

The new edition brings the text fully up to date, discussing important recent case law, including that on de facto directors, and amendments to the Disqualification Practice Direction, the Insolvency Practice Direction, and to the Insolvent Companies (Proceedings against Unfit Directors Proceedings) Rules 1987.

  • Explains the history of the common law and statutory regimes and the implications for modern practice
  • Explores the core principles of 'unfit conduct' and how it is established
  • Deals with dismissal under a Competition Disqualification Order
  • Goes through contested dismissal procedures, what to expect, how to prepare, evidential requirements and burdens and how to present a case in civil proceedings
  • Covers the making of a disqualification order, the procedural and service requirements and 'what happens next'
  • Looks at bankruptcy and the effect of county court orders on directors
  • Explains the impact of disqualification, what can and can't be done by the individuals and companies concerned
  • Discusses the increasingly important ramifications of a foreign disqualification provision on the appointment of a director in the UK
  • Features case studies, practical examples and checklists to help clarify complex topics
  • Provides uniquely compiled appendices of material necessary to launch proceedings, meet disclosure requirements, and submit a claim

Insolvency Law, eBooks
Definitions and Characteristics.
Contractual Requirements.
Formal Requirements.
Vitiating Elements in the Contract.
The Liability of the Surety.
Enforcement of Contracts of Suretyship.
Revocation of Contracts of Suretyship.
Discharge of the Surety.
Rights of the Surety Against the Principal.
Rights of the Surety Against the Creditor.
Rights of the Surety Against Co-Sureties.
Bank Guarantees and Letters of Comfort.
International Commerce.
Performance Bonds.
Consumer Credit Transactions.
Landlord and Tenant.
Precedent 1 : Standard Form Bank Guarantee.
Precedent 2 : Notice of Revocation.
Precedent 3 : Deed of Release of Surety from Bank Guarantee.
Precedent 4 : Letter of Comfort.
Precedent 5 : On Demand Unconditional Performance Bond.
Precedent 6 : Conditional Performance Bond.
Precedent 7 : Counter-Indemnity to a Bank Issuing a Performance Bond.
Precedent 8 : P&I Club Letter of Undertaking.
Precedent 9 : Guarantee of Dividends on Shares.
Precedent 10 : Guarantee of Ascertained Debt.
Precedent 11 : Agreement for the Release of a Surety.
Precedent 12 : Bank Guarantee in Respect of Security for Costs.
Precedent 13 : Indemnity for the Fidelity of an Employee.
Precedent 14 : Rent Guarantee.
Appendix, Legislation.