This article reports the results of an extensive survey of charity trustees in England and Wales in relation to governance duties and conflicts of interest. The results help discern trustees’ understanding of, and confidence with, their governance duties, their enthusiasm for practical...

The recent decision of the United Kingdom Supreme Court in Eclairs Group Limited v JKX Oil & Gas plc highlights the pressures faced by company directors in change of control situations, in which they may be tempted to take action to prevent or discourage such change. The Supreme Court decision...

This article is reprinted from the introduction to Associate Professor Rosemary Teele Langford's 'Company Directors' Duties and Conflicts of Interest' which was published by Oxford University Press on 5 March 2019. The book provides detailed analysis of directors' duties arising under UK case...

The international dimensions of charity law – and the insights that can be gained from the experience and perspective of other jurisdictions – cannot be underestimated. This introduction to a new innovative collection identifies key challenges and tensions in charity governance and...

This article reports the results of an extensive survey of persons who govern charitable entities in Australia and in England & Wales in relation to governance duties and conflicts of interest. The results help discern respondents’ understanding of, and confidence with, their governance...

This chapter outlines the integrated approach taken to statutory interpretation of directors' duties in the UK in order to highlight how the interaction between case law and the reading of statutes affects the development of the common law. It highlights, and explains the reasons for, the...

In light of the challenges caused by by COVID-19 for all companies, this article analyses the interaction between temporary insolvent trading relief and directors' duties, with particular focus on directors of Australian charitable companies

When are shareholders empowered to remove directors from office? This is an important governance issue and is related to the balance of power between shareholders and directors. In the case of a public company, s 203D(1) of the Australian Corporations Act 2001 (Cth) provides that shareholders...

Against a background examination of the policy considerations relevant to the imposition of liability on directors and officers in circumstances where a company breaches the law, this paper hones in on the so-called ‘stepping stones' approach. This approach, highlighted by Herzberg and...