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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

Freeths—Heather Gibson

Freeths—Heather Gibson

Freeths strengthens national tax team with Heather Gibson appointment

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
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