Articles - DAC Beachcroft

Articles

2015

Duties Of Nominee Directors faced with fraud

Duties Of Nominee Directors faced with fraud

The Privy Council's decision in Central Bank of Ecuador and IAMF v Conticorp SA and others illustrates the importance of ensuring that offshore compan ...

Fraud and inducement in Singapore and Malaysia

Fraud and inducement in Singapore and Malaysia

Never under-estimate the ingenuity of a director convicted of fraud. In Goldring, Timothy Nicholas v Public Prosecutor, two shareholder-directors of a ...

Whistleblowers: Implications for D&O cover

Whistleblowers: Implications for D&O cover

The UK regulators are actively promoting self-reporting and whistleblowing; a process whereby employees are encouraged to speak up where they suspect ...

Dishonest Conduct Exclusion: When is it triggered?

Dishonest Conduct Exclusion: When is it triggered?

Where an individual is prosecuted for offences involving dishonesty, the importance of cover for defence costs under a D&O policy can hardly be ov ...

Disregard doctrine in Brazil: Effects on D&O insurance

Disregard doctrine in Brazil: Effects on D&O insurance

In Brazil, corporations are separate legal entities and the liability of company officials in a corporate structure is, as a general rule, limited. Th ...

A Welcome Lifeline To Guernsey Trustees

A Welcome Lifeline To Guernsey Trustees

The 1974 case, Re Hastings Bass established a principle that allowed the courts in England and Wales, in certain circumstances, to set aside actions t ...

D&O exposure increases as the Spanish Government fails to extend decree 10/2008

D&O exposure increases as the Spanish Government fails to extend decree 10/2008

Following the credit crunch, the Spanish Government adopted a series of urgent measures to mitigate the effects of the financial crisis. Royal Decree ...

Enforcement Outcomes of the Insolvency Service

Enforcement Outcomes of the Insolvency Service

The UK Insolvency Service has powers to investigate directors' conduct, to commence directors' disqualification proceedings and to enter into disquali ...

Changes to the Health and Social Care (Safety and Quality) Act

Changes to the Health and Social Care (Safety and Quality) Act

On 1 October 2015 new duties under the Health and Social Care (Safety & Quality) Act 2015 come into force, which will impact on health and social ...

Candour, complaints and litigation

Candour, complaints and litigation

With the statutory Duty of Candour now covering all health and social care providers registered with the Care Quality Commission, just how far will th ...