This question requires candidates to analyse a scenario in order to determine the status of the parties in relation to the operation of the company. It also requires a consideration of their potential liability under the appropriate provisions of the companies legislation.
(a)
3–4 marks
A good explanation of the status of the various parties, explaining their positions as either de facto or de jure directors.
1–2 marks
Some but limited awareness of the law relating to the status if the parties as directors.
0 marks
No knowledge of the subject area.
(b)
5–6 marks
A good to full explanation of the liability of all of the parties under the Insolvency Act 1986 and Company Directors Disqualification Act (CDDA) 1986.
3–4 marks
Some knowledge of the appropriate law, but perhaps lacking in detail or application as relates to the operation
of the CDDA.
0–2 marks
Weak answer lacking detailed knowledge of the topic.