Category Archives: Uncategorized

Hard Brexit: company law and governance implications

In a previous post, I discussed the three main Brexit scenarios and their potential impact on the UK company law in general. This post will look in more detail at two corporate law and governance areas that are likely to be … Continue reading

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What would a hard Brexit mean for company law?

On June 23, the UK voted in favour of leaving the European Union. The Leave campaign won 51.9% of the votes across the UK, while Remain won 48.1% of the votes.[1] Many aspects relating to the exit procedures or the … Continue reading

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Fiduciary duties as implied contractual terms: MacRoberts LLP v McCrindle Group Ltd

In MacRoberts LLP v McCrindle Group Ltd[1] the Inner House of the Court of Session examined the nature of a solicitor’s duty to avoid placing himself in a position of actual or potential conflict of interest. The central question was … Continue reading

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Cultural values and corporate governance

What is the role of cultural values in understanding the mechanisms and processes that influence the way in which corporations are governed and controlled? There are two facets to this question. The first one is external culture: the social and … Continue reading

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Recent developments in corporate board diversity

The Hampton-Alexander Review of women on FTSE 350 boards Earlier this year, the Department for Business, Innovation and Skills announced the formation of a new independent review on increasing the representation of women in corporate leadership positions. The review is … Continue reading

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Filling the void: the Brexit effect on employment law

by David Cabrelli Having been cast as unnecessary “red tape”, a burden on business, inflexible, uncompetitive and inefficient, it is widely assumed that a sizeable number of domestic employment laws derived from European Law will be in the firing line in the … Continue reading

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Brexit and employment law: a bonfire of red tape?

by David Cabrelli If you’ve been following the Brexit debate in the media, you no doubt will have noticed how European employment laws are frequently bandied around as the sort of laws that Britain could do without, thank you very … Continue reading

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US Bill on Gender Diversity in the Boardroom

Last month, the New York Congresswoman Carolyn Maloney introduced a legislative proposal aiming to promote gender diversity on US corporate boards. The Gender Diversity in Corporate Leadership Act (H.R. 4718) aims to strengthen diversity disclosure requirements and to increase the … Continue reading

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The exercise of fiduciary powers for mixed purposes: A comment on Eclairs Group Ltd v JKX Oil and Gas plc

Introduction The proper purposes doctrine, also known as fraud on a power, is a cornerstone of the law of legal powers. The donee of a fiduciary power must exercise it only for the purposes for which it was conferred by … Continue reading

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Are Corporations Gendered?

To the dyed-in-the-wool neoclassical law and economics scholar, thinking about business corporations in terms of gender attributes is pushing the reification metaphor a notch too far. An emerging corporate governance body of research, however, suggests that there are connections between … Continue reading

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