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Part IV Liabilities of Directors, 19 The Company’s Remedies for Breach of Directors’ General Duties

Ben Valentin KC

From: Company Directors: Duties, Liabilities, and Remedies (4th Edition)

Edited By: Mark Arnold KC, Simon Mortimore KC

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 July 2024

Approved person — Conduct of business regulation — Regulated persons — Breach of statutory duty — Set-off and netting

This chapter explores the company's remedies for breach of directors' general duties. It clarifies that the Companies Act 2006 has affected no change to the remedies against a director for breach of duty. The company’s remedies may be pursued in conjunction with contractual claims for breach of the director’s service contract and claims arising from a failure to obtain members’ approval of a transaction. The chapter then tackles the remedies for breach of duty of care and relief from liability. It also discusses potential defences open to directors against whom proceedings are brought for breach of duty, which considers the defences of limitation, set-off, contributory negligence, and ex turpi causa.

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