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08 September 2017
Issue: 7760 / Categories: Legal News
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Directors cleared

Guernsey Royal Court has cleared the directors of asset management firm Carlyle Group of wrongful trading at the time of the credit crunch, in a keenly anticipated ruling. The court held the directors took reasonable commercial decisions, in Carlyle v Conway.

The claimants had argued they should have pulled out of mortgage-backed securities, including securities issued by Freddie Mac and Fannie Mae, earlier to prevent the fund collapsing in 2008 with losses in excess of $1bn.

Timothy Collingwood, barrister at Serle Court Chambers, said the judgment made compelling reading: `Carlyle Capital Corporation’s (CCC) business model was stress tested to withstand shocks beyond the worst of those in modern memory at the time of its launch in late 2006. In addition, the vast majority of its assets were residential mortgage backed securities issued by Fannie Mae and Freddie Mac carrying the implicit guarantee of the US government. Neither these safeguards, nor the fact that CCC was managed by some of the sharpest financial minds around, prevented it from failing with losses in excess of $1bn as a result of the cataclysmic financial events of 2007-2008. 

`The judgment vindicates the reasonableness of the attempts that CCC’s directors and management took to try and save it, and exonerates them from allegations that they breached their duties to the company and wrongfully sought to continue trading rather than immediately winding down operations'.

Issue: 7760 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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