Giselle McGowan

This Practice Note, produced in partnership with Giselle McGowan of Serle Court, discusses how proceedings against directors are initiated under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986), what investigation is made, what factors are taken into account and what pre action protocol the Secretary of State is obliged to follow. It specifically discusses the duty of fairness and the public interest. It also brings in updates under the Deregulation Act 2015 and the Small Business, Enterprise and Employment Act 2015.

This Practice Note, produced in partnership with Giselle McGowan of Serle Court, looks at the process of a director disqualification claim, from the preparation of the claim form to hearings, including jurisdiction, service, directions, hearings, the drawing up of orders, and when the disqualification order commences.

This Practice Note, produced in partnership with Giselle McGowan of Serle Court, covers the position under the Insolvency (England and Wales) Rules 2016, SI 2016/1024 post–6 April 2017. This Practice Note looks at the evidential process: who should file evidence and how, together with what order the evidence process should take.

This Practice Note, produced in partnership with Giselle McGowan of Serle Court, considers other matters relating to proceedings made under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986), including disclosure, transfer of proceedings, undertakings and Carecraft settlements, setting aside or varying a disqualification order, publicity surrounding an order, and costs. See the two preceding Practice Notes for details of the claim, the defence, the court, evidence and procedural matters.

This Practice Note, produced in partnership with Giselle McGowan of Serle Court, discusses the various different ways that a director might find themselves disqualified from acting as a director of a limited liability company or a public limited company.

This Practice Note, produced in partnership with Giselle McGowan of Serle Court, discusses the position of individual partners in an insolvency situation, and the potential they have for being disqualified as directors under the disqualification regime. It considers the law in relation to partners and when and how they might be disqualified for misconduct.