| 1 | A question of trust? An article by Richard Farnhill and Jane Standage of Allen & Overy LLP addressing the recent surge in cases on the law of fiduciary duties, when they arise and their exclusion in contracts. | Articles | 10-Jan-2012 |
| 2 | British Biotech The problems currently being experienced at British Biotech demonstrate the difficult issues faced by directors in balancing their fiduciary duties as a director and their duty of confidentiality as an employee of the company. | Articles | 01-Jun-1998 |
| 3 | Companies Act 2006: Written Ministerial statement and final ... On 13 December 2007, BERR published a written statement from Stephen Timms, Minister of State for Competitiveness, regarding implementation of the Companies Act 2006. The statement gives details of those areas in relation to which BERR had asked for views as to commencement timing and which the government has decided to bring into force with effect from 6 April 2008 and 1 October 2008. At the same time, BERR has also published the final version of the implementation timetable and FAQs relating to the written statement and commencement timetable.Of particular note are the following provisions to be commenced with effect from 1 October 2008:- Repeal of the prohibition on financial assistance by private companies.- Directors' conflicts of interest and declarations of interest. - Corporate directors and under-age directors.- Reductions of capital by using the new solvency statement procedure (only available to private companies).BERR "are aiming to make the fifth Commencement Order early in the week commencing 17 December and will provide a link to the Order on the OPSI website as soon as it is available." | Legal update: archive | 13-Dec-2007 |
| 4 | Copyright: director's liability The High Court has held that in order to make an officer, director or employee of a company liable for the company's tort, it is necessary to show that either he committed directed or procured the tort. | Legal update: archive | 02-May-2000 |
| 5 | Corporate Manslaughter and Corporate Homicide Act 2007 This note provides a summary of the Corporate Manslaughter and Corporate Homicide Act 2007. The Act received Royal Assent on 26 July 2007 and is in force from 6 April 2008 (with the exception of the provisions relating to deaths in custody). The Act applies to the whole of the UK. Broadly, under the Act, an organisation (which includes most employers) is guilty of an offence if the way in which its activities are managed or organised (by its senior management) causes a person's death and this amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased. | Practice notes | Maintained |
| 6 | Court of Appeal overturns decision on implied terms The Court of Appeal has overturned a High Court decision, finding that it was wrong to imply terms into an agreement between shareholders. (Dear and another v Jackson [2013] EWCA Civ 89) | Legal update: case report | 07-Mar-2013 |
| 7 | Director's fiduciary duty The Court of Appeal has held that a director who had been effectively excluded from all decision making and participation in his companies' affairs was not in breach of his fiduciary duty as a director when he set up another company in competition and approached former clients for work. | Legal update: archive | 29-Apr-2002 |
| 8 | Directors: procuring breach of contract In Crystalens Ltd v White, the High Court decided that where an employee director was acting in good faith in the best interests of his company, and within the scope of his authority as an agent of the company, he could not be held liable for procuring the company to commit a breach of contract, and had no duty of care to a counterparty to ensure that the company complied with its contractual obligations. | Legal update: archive | 07-Jul-2006 |
| 9 | DOLI | Glossary | Maintained |
| 10 | Extradition: managing the risks In March 2003, the UK signed a new extradition treaty with the US. It was ratified in the UK and its terms were enacted in the Extradition Act (2003 Act). The 2003 Act established a new procedural framework for handling extradition requests. Two recent cases under the 2003 Act have caused a furore in boardrooms around the UK. | Articles | 01-Sep-2006 |
| 11 | Fiduciary duties An outline of the common law fiduciary duties, ways of modifying those duties (including the use of Chinese walls) and proposals for reform. | Practice notes | Maintained |
| 12 | Golden parachute | Glossary | Maintained |
| 13 | Solicitor non-executive directors: Law Society publishes ... The Standards and Guidance Committees of the Law Society has published guidance for private practice solicitors on the issues to be considered before accepting an appointment as a non-executive director. | Articles | 01-Sep-1998 |
| 14 | The UK-US extradition regime: beware the risks The simplification of extradition arrangements from the UK to the US, coupled with the growing willingness of US prosecutors to exert long-arm jurisdiction, has significantly increased the extradition risks UK executives face when doing business in the US. This article sets out some of the steps that UK companies and their executives can take to minimise these risks as well as some of the proposals for reform of the UK regime. | Articles | 05-May-2006 |