It is often assumed that a shadow director owes the same fiduciary duties to the company as a formally appointed de jure director. However the decision in Ultraframe UK Ltd v Fielding (2005) said shadow directors were not liable where they did not directly deal with or claim the right to deal with the company’s[…]
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In the recent court of appeal case of PGF II SA v OMFS Company 1 Limited (2013) the courts affirmed its support for alternative dispute resolution as means of settling disputes. In 2004 in the case of Halsey v Milton Keynes General NHS Trust the court found that refusing to take part in ADR was[…]
Carillion Construction Limited v Hussain In the recent case of Carillion Construction Limited v Hussain [2013] EWHC 685 a creditor of an insolvent company sought to obtain leave to sue the parent company under section 423 of the Insolvency Act 1986, a transaction in defraud of creditors. Section 423 is of particular concern to holding[…]
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