Sonya Van de Graaff

Morrison & Foerster LLP

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Acting Behind The Scenes: High Court Confirms Duties Of Shadow Directors

In Standish & Ors v The Royal Bank of Scotland Plc & Anor (the “Judgment”), the High Court confirmed that the duties owed by a shadow director are limited to the subject matter of their instructions. This alert is...more

6/1/2020 / CVAs (Company Voluntary Arrangements) , Directors , EU , Fiduciary Duty , Financial Institutions , Insolvency , Investors , Restructuring , Shareholders , UK

The Truth about Dishonesty in Fraudulent Trading under English Law

Case: Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch) (23 May 2019) - A recent decision of the English High Court (the “Court”) has found a director guilty of fraudulent trading under s. 213 Insolvency Act...more

10/15/2019 / EU , Financial Institutions , Fraud , Insolvency , Restructuring , UK , UK Insolvency Act

English Court Provides Guidance on Director Liability for Dividends - The High Court decision in Burnden Holdings clarifies the...

A recent decision of the High Court of Justice in England & Wales in Re Burnden Holdings (UK) Limited (in liquidation) [2019] EWHC 1566 (Ch) (“Burnden Holdings”) provides a thorough review of English dividends law, including...more

8/5/2019 / Dividends , Exonerate , Fiduciary Duty , Financial Institutions , Financial Services Industry , Insolvency , Liquidation , Restructuring , UK , UK Companies Acts

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