Podcast Location:
Download it here [file size: 23.5 MB]
Categories:
Employment Law
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast provides an explorative discussion of directors’ duty of care, skill and diligence. It discusses the definition, scope and application of the directors’ duties and looks at the potential defences available to directors and the issues which can arise if a director is found to have breached his or her duty of care, skill and diligence.

Outcomes:
After completing the course you will:
  • Understand the context and history of director’s duty of care, skill and diligence;
  • Understand the duties of care, skill and diligence which directors are subject to ;
  • Be aware of the factors that will be taken into account by the court when assessing whether on the facts a director has met the test embedded in Section 174 of the Companies Act 2006;
  • Have considered examples of instances in which a director will be found to have breached this duty of care;
  • Understand which people can be liable as a director, including shadow and de facto directors;
  • Have contemplated the main defences available to a director who is accused of breaching their duty of care, skill and diligence;
  • Have considered the effect of insolvency to a claim against a company director.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Sources and References:
  • Re Brazilian Rubber Plantations and Estates Ltd [1911] 1 Ch 425;
  • Companies Act 2006 ;
  • Re D'Jan of London Ltd [1994] 1 BCLC 561;
  • Re Duomatic Ltd [1969] 2 Ch 365;
  • Madoff Securities International Ltd (In Liquidation) v Raven & others [2013] EWHC 3147 (Comm);
  • Re UKLI Ltd, Secretary of State for Business, Innovation and Skills v Chohan and Others [2013] EWHC 680 (Ch).
Tags:

In this CPDcast Edward Cohen, head of chambers at 11 Stone Buildings discusses claims the form and features of claims against company directors for breach of their duty of care, skill and diligence.

Date Recorded: 9th June 2014

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