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Disqualification Undertakings

Law, Policy and Practice

FROM £112.50

Practical guidance on navigating the undertakings system

Company directors found to have committed unfit conduct are subject to disqualification from directorships. Where a director offers a disqualification undertaking themselves, they avoid a full hearing of the matter and also typically receive a discounted period of disqualification from the court.

 Disqualification Undertakings: Law, Policy and Practice provides authoritative and practical guidance on navigating the undertakings system and the procedures for applying for leave of an undertaking. This is combined with empirical research on reasons cited in schedules of unfit conduct and periods of disqualification, enabling practitioners to advise clients on the most effective strategies when negotiating terms of undertakings.

 Disqualification Undertakings: Law, Policy and Practice is the only book focusing solely on undertakings; with the number of corporate insolvencies likely to rise over the next few years, this is an ideal volume for those advising the increasing number of people disqualified from directorships.
Table of Cases
 Table of Statutes
 Table of Statutory Instruments
  • Disqualification Undertakings in Context
  • The Scope and Nature of Disqualification for Unfitness
  • Disqualification Undertakings
  • Unfit Conduct
  • Disqualification Undertakings in Practice
  • Variation or Termination of Disqualification Undertakings
  • Leave of Disqualification
  • Conclusion
Appendix 1
  • Company Directors Disqualification Act 1986
Appendix 2
  • Companies Act 2006
Appendix 3
  • Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987
Appendix 4
  • Insolvent Companies (Reports on Conduct of Directors) Rules 1996
Appendix 5
  • Practice Direction: Directors Disqualification Proceedings
"It delivers a comprehensive description of the legal framework but also analyses the effectiveness of the disqualification undertakings system and reflects on whether the political goals behind the undertakings system were met. 
 The book is very well suited for practitioners who advise their clients on undertaking matters. It offers a wide range of information on the undertakings system in general and on the procedures for applying for leave of an undertaking ... the book is very useful for all practitioners who advise on this difficult subject."
 German-British Chamber of Industry & Commerce
"a very valuable contribution to the debate on the effectiveness of disqualification undertakings regime post-2001....

   The book definitely provides both academics and practitioners with an exceptional tool to explore the nature and implications of disqualification undertakings. By contextualising the current post-2001 regime, the author illustrates the theoretical background to the procedure, which is a fundamental step for engaging in further reflections on the socio-economic nature and effects of the undertaking system. The second part of the monograph is also of great value as it offers an ideal platform to understand the practical mechanisms under which disqualification undertakings operate, and to assess eventually the extent of their success.."
For the full review click here
Vincenzo Bavoso - Lecturer in Law, Kingston University

"an interesting analysis of recent provisions for disqualifications of directors found committing breaches of the competition law via court order or through and undertaking...
 Overall, this book gives a comprehensive account of disqualifications against miscreant directors not usually found in conventional corporate law texts. The book is written in simple but effective language and hence should not deter those with worries over the use of technical language. Each chapter begins with a clear introduction and ends with an excellent chapter summary.... The book is worthwhile having especially when there are no good alternatives available pertaining to the topic in question."

Peter Yeoh Business Law Review

"written in a clear and accessible style. The author's treatment of the relevant case law is thorough and comprehensive. However, the really distinct feature of this work may be described as a passive and "liberal" approach to the disqualification process, an approach protective generally of the intrests of company directors..."
 "Overall, the book is an intresting read. The book is evidence of much work and effort on the part of the author. The book does make a worthy contribution to the analysis of its subject-matter..."

Professor Stephen Griffin
University of Wolverhampton

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