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Articles by Jamie McGonigal
Removing Directors Who Lack Mental Capacity
David Wedgwood’s articles from Anthony Gold Solicitors LLP are most popular: within Corporate/Commercial Law topic(s) in European Union in European Union in European Union in European Union in European Union with readers working within the Insurance and Law Firm industries Anthony Gold Solicitors LLP are most popular: within Corporate/Commercial Law, Law Department Performance and Criminal Law topic(s) When a director of a company appears to lack capacity, the process to remove that director...
How The Mental Health (Discrimination) Act 2013 Amended The Removal Of Directors On The Basis Of Lacking Capacity
David Wedgwood’s articles from Anthony Gold Solicitors LLP are most popular: within Corporate/Commercial Law topic(s) with readers working within the Insurance and Law Firm industries Anthony Gold Solicitors LLP are most popular: within Law Department Performance and Criminal Law topic(s) A director lacking capacity can be removed by the written opinion of a medical practitioner concluding that the director will be mentally incapable of acting for more than three months, if the company is...
Considerations After Incapacity For Business Owners
Anthony Gold Solicitors LLP are most popular: within Law Department Performance, Tax and Criminal Law topic(s) with Senior Company Executives and HR When a business owner, whether it be a Director, Partner or sole trader, loses capacity, the first hurdle is managing their retirement or removal from the business. If this is well managed, the business should be able to continue trading or be wound up or sold, as is best for those involved. However, this is very rarely the end of the story.
How Can Shareholders Remove Directors?
Anthony Gold Solicitors LLP are most popular: within Law Department Performance and Tax topic(s) The Companies Act 2006 provides a statutory mechanism for shareholders to remove a director by ordinary resolution. Before deciding to remove a director through this mechanism, one should consider the company’s constitutional documents as they may provide for a simpler instrument for the director’s removal.
Tuna Bonds, Bribes and Arbitration Clauses: Supreme Court clarifies approach to Section 9 of the Arbitration Act 1996
On 20 September 2023, the Supreme Court handed down judgment in the Republic of Mozambique’s appeal in the case that is widely known as the Tuna Bonds case. In doing so, it provided critical guidance on the scope of and approach to Section 9 of the Arbitration Act 1996 (the Act).
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