Hospital bosses face prosecution over care failings – The Independent

Posted July 4th, 2013 in care homes, company directors, fines, hospitals, news, quality assurance by sally

“Hospital and care home managers who allow neglect and abuse to take place on their watch could face criminal prosecution and unlimited fines under new Government plans designed to restore trust in the health service after a series of high profile NHS scandals.”

Full story

The Independent, 4th July 2013


New directors’ pay reporting requirements on course for October as final regulations published –

Posted June 28th, 2013 in company directors, company law, news, remuneration, reports by tracey

“Changes to the information that companies must include in their remuneration
reports are set to come into force from 1 October following the Government’s
publication of the final rules.”

Full story, 27th June 2013


“Legislating for Responsible Capitalism”. A paper by Stephen Hockman QC – Six Pump Court

“Stephen Hockman QC has written a paper published by the Policy Network, entitled ‘Legislating for Responsible Capitalism: what it means in practice’.”

In the paper, he explores the legal amendments available to improve the monitoring, transparency and accountability of corporate practice.”

Full story (PDF)

Six Pump Court, 19th June 2013


Directors’ duties – A practical guide for insolvency practitioners – 11 Stone Buildings

Posted June 18th, 2013 in company directors, company law, insolvency, news by sally

“In this note Marcia Shekerdemian takes a closer look at the statutory codification of directors’ duties under the Companies Act 2006 (‘CA’) by reference to key case law, making this a highly practical guide for IPs who are considering bringing misfeasance claims under section 212 of the Insolvency Act 1986 (‘IA’).”

Full story (PDF)

11 Stone Buildings, June 2013


Brumder v Motornet Service and Repairs Ltd and another – WLR Daily

Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102

“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”

WLR Daily, 14th March 2013


What a tangled web… – NearlyLegal

Posted February 18th, 2013 in company directors, consumer credit, loans, news, tribunals, winding up by sally

“Since our post on Barons Finance Limited, we’ve heard various things about the property and landlord related activities of Barons Finance and assorted other companies under the control of Dharam Prakash Gopee. As it appears that Mr Gopee has on at least one occasion continued to pursue proceedings (including appearing in the appeal permission in the last post) for Barons Finance Limited, despite the company having been wound up and a liquidator having been appointed by the Court, we hope this post might be of use for people acting for Defendants in possession proceedings, duty scheme advisers and hopefully members of the judiciary who are unaware of the relevant court decisions and orders.”

Full story

NearlyLegal, 17th February 2013


Media Protection Services Ltd v Crawford and another – WLR Daily

Posted August 24th, 2012 in company directors, copyright, informations, law reports, magistrates, solicitors by sally

Media Protection Services Ltd v Crawford and another [2012] EWHC 2373 (Admin); [2012] WLR (D) 250

“The laying of an information by a director of a private limited company, acting for reward on behalf of a client in the course of its business, constituted acting as a solicitor within the meaning and in breach of section 20 of the Solicitors Act 1974 and carrying on a reserved legal activity, namely the conduct of litigation, contrary to the Legal Services Act 2007, with the result that the proceedings were void.”

WLR Daily, 16th August 2012


Jury in FSA’s iSoft trial fail to return a verdict – The Guardian

Posted August 9th, 2012 in company directors, financial regulation, juries, news, retrials by sally

“Three ex-company directors accused of helping the owner of Barnsley football club make millions by concocting ‘fairytale’ financial results for software firm iSoft are facing a retrial after a jury failed to return a verdict on Wednesday.”

Full story

The Guardian, 8th August 2012


Age limits in the boardroom – Cloisters

Posted August 7th, 2012 in age discrimination, company directors, diversity, news, women by sally

“As Lord Davies reported in February 2011, at the current rate of change it will take over 70 years to achieve gender-balanced boardrooms in the UK. Almost a decade ago, the Higgs review of the role and
effectiveness of non-executive directors called for greater diversity among board directors, but the response on this front has been poor. Given that encouragement has failed, it is no wonder
that plans are afoot to prod listed companies into increasing the number of women on their boards.”

Full story (PDF)

Cloisters, August 2012


Employees deciding together to establish a competing business: what are the legal principles – 11 KBW

Posted June 26th, 2012 in company directors, competition, employment, news by sally

“In many cases where a person wishes to leave an employment and establish a new business, that person may wish to tell colleagues about the plans and to encourage them to join him or her in the new venture. It may be that there is disaffection in the workplace and that there is a general, if unexpressed, desire to move on.”

Full story (PDF)

11 KBW, 22nd June 2012


Mental health problems no longer a bar to becoming an MP – The Guardian

Posted June 15th, 2012 in company directors, juries, mental health, news, parliament by sally

“Laws barring people who have had severe mental health problems from jury service and from being MPs or company directors are to be abolished following an extraordinary debate in which several MPs gave moving accounts of their own experiences of the illnesses.”

Full story

The Guardian, 14th June 2012


Cathie and another v Secretary of State for Business, Innovation and Skills – WLR Daily

Cathie and another v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 739; [2012] WLR (D) 168

“In the context of determining whether to disqualify a company director for misconduct in the direction of an insolvent company the use of the expression ‘exceptional circumstances’ was better avoided. The expression ‘extenuating circumstances’ was to be preferred, because the fact finder’s task was to consider the evidence as a whole, including extenuating circumstances, and to decide whether the director had fallen below the standards of probity and competence appropriate for persons fit to be company directors.”

WLR Daily, 1st June 2012


Cavenagh v William Evans Ltd – WLR Daily

Cavenagh v William Evans Ltd: [2012] EWCA Civ 697;  [2012] WLR (D)  164

“Where an employer had elected to lawfully dismiss an employee under the term of the service agreement on payment of salary in lieu of the notice period, the employer was liable to pay the salary in lieu to the employee as an accrued debt. The employer could not later avoid payment on the basis that the employee had committed a gross misconduct prior to the date of the dismissal which the employer had discovered after the date of the dismissal.”

WLR Daily, 24th May 2012


Farepak victims await directors ruling – The Guardian

Posted May 24th, 2012 in company directors, credit unions, disqualification, news by sally

“Victims of the collapse of Christmas hamper firm Farepak could be a step closer to justice as the company’s directors face a judge in London’s high court.”

Full story

The Guardian, 24th May 2012


Smith v Butler – WLR Daily

Posted March 28th, 2012 in company directors, law reports by sally

Smith v Butler [2012] EWCA Civ 314; [2012] WLR (D) 96

“Where the terms of a managing director’s appointment to a company made no provision for the express delegation of any specific powers by the board of the company to him, although there might be an intention to implicitly delegate some powers to him, such delegation would not usually have the effect of excluding the powers of the board and the managing director had no implied power to suspend the company chairman or exclude him from the company’s premises. The implied powers of a managing director could include a power to commence legal proceedings, unless the board expressly or by implication decided that such proceedings ought not to be taken or was unlikely to ratify the commencement of proceedings.”

WLR Daily, 15th March 2012


Directors’ Fiduciary Duties – 11 KBW

Posted November 30th, 2011 in company directors, fiduciary duty, legislation, news, statutory duty by sally

“Were the statutory duties in the Companies Act 2006 intended to be simply a replacement without change?”

Full story (PDF)

11 KBW, 23rd November 2011


Key fraudster behind wines and spirits ‘Ponzi’ scheme gets five years – The Guardian

“One of the key figures behind a Mayfair-fronted Ponzi scheme has been sentenced to five years imprisonment after admitting his part in a multimillion-pound wine and spirits investments fraud targeted at American doctors.”

Full story

The Guardian, 17th August 2011


Ex-director given permanent ban on revealing confidential information –

Posted April 6th, 2011 in company directors, confidentiality, injunctions, news, patents by sally

“A businessman has been ordered never to improperly reveal confidential information belonging to a company where he used to be a director.”

Full story, 5th April 2011


Progress Property Co Ltd v Moorgarth Group Ltd – WLR Daily

Progress Property Co Ltd v Moorgarth Group Ltd [2010] UKSC 55; [2010] WLR (D) 218

“The sale of a company’s assets to a shareholder was not an unlawful distribution of assets if the court concluded that it was a genuine commercial transaction at arm’s length even if it appeared with hindsight that the sale was at an undervalue. The court’s conclusion depended on a realistic assessment of all the relevant facts and not simply on a retrospective valuation exercise in isolation from all other inquiries. The essential issue was how the transaction was to be characterised, and that was a matter of substance and not form.”

WLR Daily, 8th December 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Revenue and Customs Commissioners v Holland and another; In re Paycheck Services 3 Ltd and others – WLR Daily

Posted November 25th, 2010 in company directors, insolvency, law reports, misfeasance by sally

Revenue and Customs Commissioners v Holland and another In re Paycheck Services 3 Ltd and others [2010] UKSC 51; [2010] WLR (D) 298

“A director of a corporate director of a company was not a de facto director of that company, who was thereby liable for the misuse of its assets, if his acts were done entirely within the ambit of the discharge of his duties and responsibilities as a director of the corporate director.”

WLR Daily, 24th November 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.