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03 February 2012 / David Greene
Issue: 7499 / Categories: Opinion , Company
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In good company?

What does the future hold for shareholder democracy, asks David Greene

The hot topic of the week is the control that shareholders have over executives’ remuneration and bonuses. Vince Cable has joined the throng with fresh proposals for change. The idea, however, that increasing shareholders’ control over this aspect of the relationship between their company and its senior employees will serve some wider social good is illusory, notwithstanding politicians’ declarations to the contrary. If they want to achieve control of executive conduct by shareholders, the way in which that relationship works would have to shift radically. In any event, are shareholders willing, able, or indeed the right people, to exert such control?

Primary responsibility

Directors’ primary responsibility is to the company with which they have contractual and other obligations. Their additional common law duties to the company are set out in the Companies Act 2006 (CA 2006) at ss 170–181. Much was made of these new provisions, but commentators recognise that they merely repeat what was previously enforceable at common law.

Some

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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