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Feb 22, 2018 · Part II shows how the enhanced but restrained mode of judicial intervention advocated in this article—the Heightened Review—is supportable by case law, and explains how it can augment the interpretation and enforcement of s 172 of the Act.
The study considers whether judges do review directors’ judgments and whether, and how, as the law developed, levels of challenges to, and liability for directors’ business judgment altered. It specifically considers: whether the overall numbers of cases involving
Duties are owed by a director to their company and not to individual shareholders – shareholders do not have a direct right of action against directors for breach of duty. There may be cases where a company is unwilling or unable to commence an action against a current or former director.
different legal systems and board structures across Europe and considers how this impacts the extent, content and enforcement of directors’ duties and liabilities. “It is not rules and regulations alone that make good business. It is good people – operational, advisory, executive and non executive... It takes skill, knowledge but,
Jun 1, 2014 · The general duties owed by directors to their companies are a critical element of company law overall, and corporate governance in particular. If these duties are breached, the board, acting on behalf of the company, is empowered to decide whether to take action against the miscreant directors.
- Andrew Keay
- 2014
The enforcement of the directors’ duty to promote the success of the company in the long term is highly problematical; To comply with the duty directors merely have to assert that they acted in good faith;
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enforcement of breaches of directors’ duties it causes one to consider whether there is a need for the public enforcement of duties so that there is an enhancement of corporate governance in the UK.
