D&O and FI Newsletter - Spring 2022

Directors' duties: duty to avoid conflicts of interest continues after director resigns

In Burnell v Trans-Tag Ltd and Robert Aird [2021] EWHC 1457, the High Court considered the scope of a director's duty to avoid conflicts of interest under s. 175 Companies Act 2006 ("CA 2006") and whether it should apply to former directors by virtue of s 170(2) CA 2006.

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The Quincecare Duty: What will 2022 bring? 

With three appeal hearings in 2022, the Quincecare duty is firmly under the spotlight this year and these decisions will be of significant interest to banks and financial institutions.

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The evolving litigation risk for multinational companies

In the last 12 months, we have seen a marked increase in the number of shareholder claims that are being pursued. This phenomenon is not limited to traditional securities claims in the US, but is something that is happening in multiple jurisdictions.

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Lloyd v Google - What next for representative Class Actions?

The Supreme Court, in its long-awaited decision in Lloyd v Google, unanimously overturned the decision of the Court of Appeal and refused Mr Richard Lloyd’s request to proceed with a class action on behalf of all iPhone users in the UK against Google. What does this mean for the future of similar “opt-out” representative actions in the UK?--

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Re JD Group Ltd [2022] EWHC 202 (Ch) (03 February 2022)

A director has been found liable in the High Court for fraudulent trading as a result of failing to carry out proper due diligence in a series of transactions which were found to be part of a VAT fraud scheme. The claim was brought against the director by the Liquidator of JD Group Limited (the “Company”).

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Directors beware! The activists are on to you

ClientEarth has issued a letter of claim against 13 of Shell’s executive and non-executive directors alleging that a failure to properly prepare for net zero puts them in breach of their legal duties.

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Greenwashing and Financial Services – getting ahead of the rising tide

The UK government aims to cut emissions and reach net-zero by 2050. The financial services sector forms a key part of the government’s strategy to achieve these goals, which will need a significant shift towards investment in sustainable projects and green technology.

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What do record number of insolvencies mean for D&O insurers?

Company insolvencies have recently hit a record high and are on an upward trend in the aftermath of the Covid-19 pandemic. This means that we are likely to see an increase in claims against directors, especially in light of new legislation that expands the government’s powers of investigation.  

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The Economic Crime (Transparency and Enforcement) Act 2022 (“ECA”) – What You need to know

The ECA, designed to make it easier and quicker to impose sanctions and identify and trace illicit wealth, received royal assent on 15 March 2022.

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Living with Covid-19 – implications for employers and EPL claims

The Government has announced its plans to remove the remaining coronavirus (COVID-19) legal restrictions in England and has set out it plans in Living with COVID-19.

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