header-logo header-logo

02 December 2010
Issue: 7444 / Categories: Case law , Law digest
printer mail-detail

Company law

Holland v Revenue and Customs Commissioners and another [2010] UKSC 51, [2010] All ER (D) 255 (Nov)

It was clear from established authority that the circumstances in which a person could be held to be a de facto director for the purposes of the remedy provided for by s 212 of the 1986 Act varied widely from case to case, and was very much a question of fact and degree. All the relevant factors had to be taken into account. The purpose of the section was to impose liability on those who had been in a position to prevent damage to creditors by taking proper steps to protect their interests.

It was, of course, right to bear in mind the interests of the creditors. Their protection lay in the remedies that were available for breach of the fiduciary duty that rested on the shoulder of every director. But the essential point was that for a creditor of the subject company to obtain those remedies the individual had to be shown to have been a director, not just of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll