Skip to main content

Research Repository

Advanced Search

Outputs (30)

Get Off My Land! (2023)
Journal Article
Mukwiri, J. (2023). Get Off My Land!. The Conveyancer and Property Lawyer, 4, 318-334

This article argues that whilst the Agricultural Holdings Act 1986 had good intention in giving lifetime security of tenure to tenants for the object of food production, it has since had unintended results of placing tenants in a privileged position... Read More about Get Off My Land!.

Lawful circumvention of the jurisdiction of the Takeover Panel in UK takeovers (2023)
Journal Article
Mukwiri, J. (2023). Lawful circumvention of the jurisdiction of the Takeover Panel in UK takeovers. Journal of Business Law, 6, 431-451

This article examines the implications of using schemes as an alternative to offers in effecting takeovers in the United Kingdom (UK). It argues that the use of schemes undermines the jurisdiction of the Panel on Takeovers and Mergers ("the Panel") i... Read More about Lawful circumvention of the jurisdiction of the Takeover Panel in UK takeovers.

Negative Implications of Greater Access to the Courts in the Takeover Process (2023)
Journal Article
Mukwiri, J. (2023). Negative Implications of Greater Access to the Courts in the Takeover Process. European Company and Financial Law Review, 20(2), 358-384. https://doi.org/10.1515/ecfr-2023-0018

Recent judgments of the Court of Justice of the European Union involving Austria and Italy raises the question of whether greater access to the courts makes ineffective the duty of supervisory authorities in enforcing the mandatory bid rule. This que... Read More about Negative Implications of Greater Access to the Courts in the Takeover Process.

The end of history for the board neutrality rule in the EU (2019)
Journal Article
Mukwiri, J. (2020). The end of history for the board neutrality rule in the EU. European Business Organization Law Review, 21(2), 253-277. https://doi.org/10.1007/s40804-019-00164-w

This paper argues that the failed attempt to introduce a mandatory board neutrality rule into EU takeover law was an object lesson that it is difficult to enact rules that are contrary to the corporate law cultures of the majority of the Member State... Read More about The end of history for the board neutrality rule in the EU.

Brexit and implications for the free movement of capital (2019)
Journal Article
Mukwiri, J. (2019). Brexit and implications for the free movement of capital. Legal issues of European integration, 46(1), 7-28

One misleading mantra in the Brexit debate is that the EU’s single market freedoms were inseparable. This article takes a micro-legal research approach in examining the question: to what extent would free movement of capital be available to the UK wh... Read More about Brexit and implications for the free movement of capital.

Protectionism and the EU market for corporate control: Is it possible to get the best of both worlds? (2018)
Journal Article
Mukwiri, J. (2018). Protectionism and the EU market for corporate control: Is it possible to get the best of both worlds?. European Company and Financial Law Review, 15(2), 308-338. https://doi.org/10.1515/ecfr-2018-0011

Recent reports of the Commission and the European Parliament have revisited the concerns of protectionism in the EU. This article discusses these concerns in light of the liberal and protectionist divide in the EU market for corporate control, focusi... Read More about Protectionism and the EU market for corporate control: Is it possible to get the best of both worlds?.

Takeovers (2017)
Book Chapter
Mukwiri, J. (2017). Takeovers. In S. Fleet, & C. Gerner-Beuerle (Eds.), Gore-Browne on EU Company Law. Jordan Publishing

Directors’ and Officers’ Insurance in the UK (2017)
Journal Article
Mukwiri, J. (2017). Directors’ and Officers’ Insurance in the UK. European Business Law Review, 28(4), 547-573

This paper examines the significance of the directors’ and officers’ (D&O) insurance policies in the UK. It argues that the significance of D&O policies lies in D&O policies being commercial than legal tools for directors. When third parties sue a di... Read More about Directors’ and Officers’ Insurance in the UK.