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06 July 2012
Issue: 7521 / Categories: Case law , Law digest , In Court
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Companies

Re a Company 8097 of 2011 [2012] All ER (D) 163 (Jun)

It was established that the general discretion under s 1(1)(a) of the Company Directors Disqualification Act 1986 would require the balancing of factors that would include: (i) the protection of the public; (ii) deterrence; and (iii) the need and legitimate interest of the claimant. Further, there had been no rule that would prevent a court granting an order under ss 1(1)(a) and 17 of the Act from being made against a dishonest former director. The courts had a discretion unfettered by statute and it would be wrong for the court to fetter its discretion.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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