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23 September 2010 / Rod Lambert , Christopher Reekie
Issue: 7434 / Categories: Features , Company , Practice areas
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Spotlight on directors

Rod Lambert & Christopher Reekie revisit Directors’ Disqualification Orders

Where a company is alleged to have breached competition law rules, the Office of Fair Trading (OFT) may bring an action seeking to disqualify directors of that company from acting as a director for a period of up to 15 years, if their actions, either by act or omission, have in some way contributed to the alleged breach. In recently published guidance, the OFT has further explained how it will approach director disqualification proceedings. Companies and directors should pay close attention to this latest clarification of the UK competition regulator’s armoury. Failure to take note could have serious consequences.

Background

On 29 June 2010, the OFT published new guidance, which clarifies the powers of the OFT under the Competition Disqualification Order (CDO) provisions of the Company Directors Disqualification Act 1986, as amended by the Enterprise Act 2002 (CDDA). The Guidance sets out the general approach that the OFT will adopt in seeking CDOs against individual directors, their professional advisors and professional associations.

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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