Concerns that small shareholders are the victims of a deficit in corporate democracy, having little influence over the direction taken by the companies in which they invest, were highlighted by a High Court case concerning a troubled mining company. Tens of thousands of private and
It cannot be business as usual during the COVID-19 pandemic, but judges are rising to the challenge of ensuring that the economic life of the nation does not wither. In one case, however, the High Court ruled that, in such uncertain times, a proposed transfer
The takeover of public companies will generally be sanctioned by the High Court if the requirements of the Companies Act 2006 are met. However, an unusual wrinkle arose in the case of a company which faced a group action by overseas farmers in respect of
Takeovers of public companies are subject to close judicial scrutiny so as to ensure that all shareholders, no matter how small, receive a fair opportunity to make their views known. In a case on point, the High Court left no stone unturned before approving the
Directors are bound to faithfully pursue the bests interests of the companies they serve. The High Court emphasised that point in ruling that a former director of a pub company was justifiably removed from office after acquiring an interest in a potentially rival hostelry. The
All companies operate subject to the ‘directing mind and will’ of one or more humans, but they are nevertheless independent legal personalities. The Court of Appeal made that point in finding that an engineering company was rightly convicted of involvement in a corrupt conspiracy to
Many companies are labouring under crushing pension scheme deficits and directors whose actions or defaults worsen the situation can be held personally liable. Exactly that happened when a tribunal opened the way for a director of a collapsed retail group to be issued with a
Minority shareholders may not have much control over companies that they partially own, but they are not without rights and have to be treated fairly. In a striking case on point, the High Court came to the aid of an investor who received not a
The commercial courts in London are well used to untangling intricate international frauds and ensuring that those responsible are made to pay for their dishonesty. In a case on point, a judge came to the aid of a natural resources company which was defrauded out
Boardroom conflict can often mean directors falling into opposing camps, with deadlock the result. However, as a High Court decision in the context of the fishing industry showed, taking legal advice is often the only means of achieving a resolution. The case concerned a holding
