Directors Who Compete with their Companies - Part 2
- Podcast Location:
- Download it here [file size: 24.7 MB]
- Part of:
- Corporate Litigation Bundle - CPD Training Bundle
- Categories:
-
Company Law
- CPD Points:
- Up to 1 point. details »
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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- Cost:
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast mini-series aims to discuss the scope of the statutory and equitable rules that prohibit a director from competing with their company and the related duty not to accept a secret profit from a third party. Attention is given to the wording of the statutory provisions and how they might be circumvented, either on technical grounds or by seeking authorisation and ratification. Finally this podcast aims to outline the remedies available where a director is in breach of duty.
- Outcomes:
- After completing the course you will:
- Understand the scope of the board’s power to authorise or ratify a breach of duty;
- Understand the issues that can arise concerning informed consent;
- Be aware where authorisation may be obtained otherwise than by board resolution;
- Understand the range of remedies available against a director in breach of their non-compete duties and how such redress might be obtained".
- Level:
- Complex
- Classification:
-
Panel Discussion
Practical Guide
- Sources and References:
-
- Companies Act 2006 ss 170, 172, 175, 176, 180, 232, 239, 260, 994, 1153;
- Ultraframe (UK) Ltd v Fielding [2005] EWHC 1638;
- Kak Loui Chan v John Zacharia [1984] HCA 36;
- CMS Dolphin v Simonet [2001] 2 BCLC 704;
- IDC v Cooley [1972] 1 WLR 443;
- Plus Group v Pyke [2002] 2 BCLC 201;
- Item Software v Fassihi [2004] EWCA Civ 1244;
- Mothew (t/a Stapley & Co) v Bristol & West Building Society [1996] EWCA Civ 533;
- Sinclair v Versailles [2010] EWHC 1614 (Ch).
This company law podcast mini-series with Richard Snowden QC and Alex Barden of Erskine Chambers focuses on directors who compete with their companies for advantage. Specifically this podcast addresses scope of sections 175 and 176 Companies Act 2006, how those duties might be breached and how that breach might be remedied or ratified so as to discharge the director from liability.
Podcast added: 20/09/11
