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02 December 2010
Issue: 7444 / Categories: Case law , Law digest
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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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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