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Dr Jonathan Mukwiri's Outputs (24)

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?.

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.

How independent are independent committees and advisers in Mergers and Acquisitions transactions? (2016)
Journal Article
Mukwiri, J. (2016). How independent are independent committees and advisers in Mergers and Acquisitions transactions?. Butterworths journal of international banking and financial law, 31(2), 99-102

Independent Committees in the US are more likely to be scrutinised by the courts than their counterpart Independent Advisers in the UK after or during mergers and acquisitions. Stockholders are more likely to bring actions against Committees in the U... Read More about How independent are independent committees and advisers in Mergers and Acquisitions transactions?.

British law on corporate bribery (2015)
Journal Article
Mukwiri, J. (2015). British law on corporate bribery. Journal of Financial Crime, 22(1), 16-27. https://doi.org/10.1108/jfc-12-2013-0072

Purpose: – This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery. Design/methodology/approach: – The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources. Findin... Read More about British law on corporate bribery.

The Financial Crisis: A Reason to Improve Shareholder Protection in the EU? (2014)
Journal Article
Mukwiri, J., & Siems, M. (2014). The Financial Crisis: A Reason to Improve Shareholder Protection in the EU?. Journal of Law and Society, 41(1), 51-72. https://doi.org/10.1111/j.1467-6478.2014.00656.x

The global financial crisis of 2008 has stimulated the debate on corporate governance and shareholder protection. The intuitive reason for the topicality of shareholder protection is that insolvencies mainly harm shareholders as the companies' residu... Read More about The Financial Crisis: A Reason to Improve Shareholder Protection in the EU?.

Free Movement of Capital and Takeovers: a case-study of the tension between primary and secondary EU legislation (2013)
Journal Article
Mukwiri, J. (2013). Free Movement of Capital and Takeovers: a case-study of the tension between primary and secondary EU legislation. European law review, 38(6), 829-847

One of the objectives of the Takeover Directive is to reinforce the single market by enabling the free movement of capital throughout the European Union. This requires takeover rules to be in harmony with capital movement rules, yet both 2007 and 201... Read More about Free Movement of Capital and Takeovers: a case-study of the tension between primary and secondary EU legislation.

Takeovers and incidental protection of minority shareholders (2013)
Journal Article
Mukwiri, J. (2013). Takeovers and incidental protection of minority shareholders. European Company and Financial Law Review, 10(3), 432-460. https://doi.org/10.1515/ecfr-2013-0432

One of the features of takeover law is the protection of minority shareholders. This article examines the extent at which the protection of minority shareholders is an objective of EU law, comparing certain provisions in the Takeover Directive with t... Read More about Takeovers and incidental protection of minority shareholders.

The myth of tactical litigation in UK takeovers (2008)
Journal Article
Mukwiri, J. (2008). The myth of tactical litigation in UK takeovers. Journal of Corporate Law Studies, 8(2), 373-388

The implementation of the Takeover Directive in the UK has resulted in ending the so-called self-regulation of takeovers. This change of regulatory framework was always feared for having the potential to create a culture of tactical litigation that w... Read More about The myth of tactical litigation in UK takeovers.