Item Software (UK) Ltd v Fassihi [2002] EWHC 3116 (Ch); [2004] EWCA Civ 1244

Fiduciary Duties: Competing interests

A Court of Appeal ruling has added to confusion about whether it is acceptable for departing employees to prepare to enter into competition with their employer, argues Gary Freer In British Midland Tool Ltd v Midland International Tooling [2003], fiduciaries were said to be required to disclose any activity, actual or threatened, which damages the …

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Directors: Doing your duty

Alexander Fox and Clare Arthurs look at the implications of GHLM Trading v Maroo ‘Newey J held that much as a trustee must show what he has done with trust property, “it is incumbent on a director to explain what has become of company property in his hands”.’ Corporate governance and directors’ duties are hot …

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Misconduct: Coming clean

Andrew Taggart and Sarah Hitchins consider the circumstances in which employees of varying seniority may be obliged to reveal their own wrongdoing ‘When considering whether an employee owed a duty to disclose their own wrongdoing, a court is likely to look at their terms and conditions of employment. Some employees (even those who do not …

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