On 24 June, an article from Littleton Chambers was concerned with a case in which the High Court in England was asked to determine whether, and if so to what extent, a director’s fiduciary duties survive the termination of the directorship. It explained that the question arises because of the way in which the Companies Act sets out director’s duties and the interplay between the codified duties in statute and the common law and equitable duties which are the genesis of the statutory obligations. The article says that conduct entirely post-dating termination can form the basis of a claim – so that there need not be a ”clean break” effected by means of a director resigning.
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