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restriction - Coggle Diagram
restriction
purpose
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La Moselle - protection of the public from peoplee who have shown themselves unfit to hold the office or discharge duties
baxter importnat not to be wise after the event, not a witch hunt
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non-executive director
tralee beef and lamb - non executive director restricted by HC but overturned by SC, liquidator had applied to director of corporate enforcement to not apply for restriction, denied with no reasons - hardiman inappropriate for same test for non-executive as executive
Re Mitek Holdings examinership failed - SC - court can take account if an breach of common law duties, higher burden on exeuctive directors
passive directors
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re walfab engineering two directors one did not contest, the other his wife said she had a passive role - HC not liable no real moral blame based on dictum from hunting lodges - the CA - passive direcotrs couldn't be exonerated from liability or relieed from disqualification on basis of passibe role- all directors required to undertake all reasonable steps to file annual returns
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Cahill v O'Brien - deceived by her husband who was an executive director when found south independent legal advice
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2001 act introduced a lqiuidator must apply for restriction order unless director relieved liqudiator of obligation
court may give relief in whole or part - 834 if just and equitable - robinson v forrest mainly other directors fault and had learnt lesson
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