The Study on Directors’ Duties and Sustainable Corporate Governance (hereinafter ‘The Study’) was published on 30 July 2020 and is accompanied by a Commission Inception Impact Assessment and a consultation deadline of 8 October 2020. The Assessment adds very little to the Study and this...

Since the company has been given the status of a separate legal entity there has been a remarkable change in the role of companies. Companies have gone from small organisations to enormous multinational enterprises. Companies, particularly large public companies, exercise an enormous influence...

An important debate concerns the meaning of the duty imposed on company directors to act in the best interests of the company. Are shareholders' interests paramount when directors act in accordance with this duty? To what extent can the interests of stakeholders other than shareholders be...

Despite conventional beliefs in the predominance of shareholder value, a broader agenda of stakeholder consideration has been advocated in the UK by the recently-introduced ESV principle – the overriding corporate objective in the new company law regime. In this paper, the efficiency of this...

Any model of corporate governance must answer two basic sets of questions: (1) Who decides? In other words, when push comes to shove, who has ultimate control? (2) Whose interests prevail? When the ultimate decision maker is presented with a zero sum game, in which it must prefer the interests...

By virtue of section 172 of the Companies Act 2006, the concept of Enlightened Shareholder Value, which is an extension of Shareholder Primacy norm, is now enshrined into English law as the basis of corporate governance. Prior to the Companies Act 2006, much was written about shareholder...

The ideological chasm between environmentalism and a profit driven corporate agenda at times seems insurmountable. Environmental regulation at present is highly reliant upon statutory regulation and governmental intervention whilst corporations law is based to the greatest extent possible on an...

The paper provides a review of the theoretical, normative and judicial base of the shareholder value paradigm in order to assess its ultimate justification both in the UK and the US. It further critically reflects on the extent to which shareholder value has shaped the direction of corporate...

What is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative...