Disqualification meaning

This Checklist outlines the position in relation to a creditors’ voluntary liquidation (CVL) with effect from 6 April 2017. Notifications The appointed liquidator must provide the registrar of companies with the following: a copy of the statement of affairs, to be delivered within five business days after the conclusion of the decision procedure or deemed consent procedure relating to the liquidator’s appointment a copy of the notice of appointment of liquidator, to be sent within 14 days of the appointment The registrar of companies should be notified using Form 600CH. If the liquidator chooses to move the company’s registered office to their business address, they should also submit to the registrar of companies a copy confirming the change of registered office (if this has not already been filed). In February 2014, Companies House issued guidance answering frequently asked questions about insolvency filings at Companies House (most recently updated on 10 March 2022). The guidance contains a list of the...

General requirements for applications under section 17 of the Company Directors Disqualification Act 1986 This checklist outlines the information the court and the Secretary of State for Business and Trade (SoS) expect in an application by a director under section 17 of the Company Directors Disqualification Act 1986 (CDDA 1986) seeking leave to act as a director notwithstanding disqualification. What extra particulars and evidence are needed will be fact specific. The application must be issued on Form N208. For guidance on the process, see Practice Note: Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure. It is crucial that the applicant (the disqualified director) supplies the fullest information possible, and does so at the earliest opportunity. Taking this approach maximises the prospect of persuading the SoS and the court that it is necessary to grant permission for them to act as a director, despite disqualification, and that leave ought properly to be given...

In this issue: Criminal procedure and evidence Proceeds of crime Appeal and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering International LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Court delays soar as backlogs break records Between April and June 2025, the criminal courts in England and Wales amassed an unprecedented caseload of almost 440,000, with incoming matters exceeding disposals and a system hampered by long-standing funding shortfalls. In response, the Ministry of Justice (MOJ), together with The Rt Hon David Lammy MP, confirmed extra resources to accelerate outcomes for...

In this issue: Cross border criminal investigations Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Insolvency Local authority prosecutions Money laundering Corporate Crime in Scotland Other corporate crime and crime related news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Cross border criminal investigations Companies should act as corporate enforcement develops. In late June 2025, SFO Director Nick Ephgrave met with Matthew Galeotti, head of the criminal division at the US Department of Justice (DOJ), and both reiterated a pledge to work together on prominent transnational investigations. Hayley Lund, partner, and Frankie Cowl, counsel, at Weil Gotshal & Manges LLP, consider the UK’s shifting corporate enforcement landscape. See News Analysis: Companies must take action as...

According to the Department for Business and Trade, a former Insolvency Service employee, who remains anonymous, supplied The Times, the Financial Times and Sky News in November 2023 with confidential details about the agency’s plan to seek director disqualification against Greensill. The government’s High Court defence, dated 29 April 2024 and now public, asserts this constituted unlawful processing of the Australian businessman’s personal data under the UK GDPR, together with a breach of confidence and misuse of private information. However, the government rejected the contention that the disclosures caused Greensill “significant anxiety and distress”. By then, the department argued, the ex-Citigroup and Morgan Stanley banker’s standing as a businessman was “already significantly, if not irreparably, damaged”. Greensill issued proceedings against the government in March 2024, seeking damages and compensation, contending that the Insolvency Service’s investigation was “an obviously confidential and private process”. He alleges the staff member, referred to only as X, infringed his privacy by tipping off the media about the scope and key areas of focus in the...

This table outlines completed CMA, OFT and sectoral regulator investigations from 2013 under Article 102 TFEU/Chapter II of the Competition Act 1998. Only publicly disclosed cases are included. For ongoing behavioural matters, see UK behavioural investigations—ongoing cases tracker. For appeals, see UK competition appeals—ongoing cases tracker. For completed Article 101 TFEU/Chapter I cases, see UK behavioural investigations under Article 101 TFEU/Chapter I Competition Act—closed cases tracker. For instances where the CMA has pursued director disqualification, see UK competition director disqualifications—cases tracker. 2025 Gas transportation — Scotia Gas Networks; Ofgem. Issue: alleged abuse of dominance. Commitments accepted—02/12/2025 Consultation on commitments launched—09/09/2025 Investigation opened—08/03/2024 Vifor Pharma (abuse of dominance) — Vifor Pharma; CMA. Issue: alleged abuse of dominance by making misleading claims about a rival iron treatment. Commitments accepted—23/05/2025 Consultation on commitments launched—10/12/2024 Investigation opened—31/01/2024 2024 ...

General duties of directors The Companies Act 2006 (CA 2006) sets out many, though not every, obligations placed upon directors under case law and principles of equity...

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 17 December 2019; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Summary of a CMA Chapter I inquiry into suspected fixing of estate agents’ commission charges in Berkshire. Latest development On 15 June 2020, the CMA stated it had obtained legally binding director disqualification undertakings from: (i) Mr Stephen Jones, a director of Richard Worth Holdings Limited and Richard Worth Limited (in administration); and (ii) Mr Neal Mackenzie, a director of Michael Hardy & Company (Wokingham) Limited, Michael Hardy & Company (Lettings) Limited and Geocharbert UK Limited. Mr Jones agreed not to act as a director of any UK company for six and a half years, and Mr Mackenzie agreed to the same period. Parties Michael Hardy & Company (Wokingham) Limited and Geocharbert UK Ltd (together, Michael Hardy) Prospect Estate Agency Limited and Prospect Holdings (Reading) Limited (together,...

1.1 Failure to spot and handle conflicts, confidentiality and disclosure matters can seriously harm a law firm, such as: 1.1.1 Clients may not receive the standard of service they are entitled to, leading to complaints or negligence claims; 1.1.2 Our standing could be harmed; 1.1.3 The firm, or individuals within it, could be: (a) Subject to disciplinary action by the Solicitors Regulation Authority (SRA) or another regulator, potentially resulting in fines, disqualification or other penalties; (b) Faced with third-party court claims for injunctions preventing us from acting on a matter and/or for damages. 1.2 An own interest conflict arises where our obligation to act in any client’s best interests on a matter clashes with the personal or commercial interests of the firm or a member of staff on that or a related matter—or there is a significant risk of such a clash. We must never act where an own...

The [ Secretary OR Directors ] [ insert company name ] [ insert company address ] [ Insert date ] Dear [ [ insert name ] OR Company Secretary ] Re: [ insert company name ] [ Limited OR PLC ] (the Company) Consent to act as director I agree to serve as a director of the Company. This consent will remain effective until I withdraw it, or until I resign from the role of director. I also confirm that I am not disqualified from holding a directorship. Accordingly, I provide the following particulars to aid the Company in notifying the appropriate authorities regarding my appointment as director: [ Name and any former names ] [ Usual residential address ] [ Country, state or part of the United Kingdom in which you are normally resident ] [ Service address if applicable ] [ Business occupation (if any) ] [ Nationality ] [ Date of...

Ordinary resolution That [ insert name of the director to be appointed ], having agreed to serve, be appointed as a director of the Company with [ immediate effect OR effect from the end of the meeting OR effect from [ insert date ] ] [ and to hold office until [ the next annual general meeting OR [ insert date or description ] ] in substitution for [ insert name of director ] who [ has retired OR [ has ] resigned as a director [ and employee ] of the Company [ with effect from [ insert date ] ] OR [ insert any other reason for the vacancy arising, eg because the director’s death, disqualification or incompetence/incapacity ] ] ]...