Overview

This book discusses in detail the law relating to the fiduciary duties owed by directors and employees to companies which is complex and involves several overlapping areas of law. It is, however, a relatively commonplace cause of action; individuals in positions of trust within a company are often tempted to abuse their position in order to commit fraud, steal company assets or secrets, set up in competition, and poach staff and customers. This new edition of Fiduciary Duties: Directors and Employees contains commentary on a number of new cases alongside further commentary and analysis on the developing jurisprudence in relation to the fiduciary duties of LLP members and joint venturers. There have been substantial developments in the law since the first edition, including a number of important decisions of the House of Lords and Supreme Court which are the subject of sustained treatment. This new edition of Fiduciary Duties: Directors and Employees is an essential research reference for anyone practising in this area of the law. Highlights from the new edition: * Commentary on the numerous important cases decided since the 1st edition; * Analysis on the emerging differences between statutory duties under the Companies Act 2006 and fiduciary duties owed by employees in light of Customer Systems v Ranson * Comparative commentary on the developing jurisprudence in relation to the fiduciary duties of LLP members and joint venturers * Analysis of recent jurisprudence on de facto and shadow directors in light of HMRC v Holland * Substantial reconsideration of remedies in the light of FHR v Cedar, AIB v Redler, Novoship v Mikhaylyuk, Prest v Petrodel, Imageview v Jack and the development of Wrotham Park damages * Analysis of attribution of knowledge and the fraud exception in the light of Stone & Rolls v Moore Stephens and Bilta v Nazir * Consideration of confidential information in light of Vestergaard Frandsen v Bestnet and Bolkiah injunctions following Generics v Yeda * Analysis of limitation following Williams v Central Bank of Nigeria

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9781846615580

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Andrew Stafford QC, Littleton Chambers Stuart Ritchie, Littleton Chambers

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