Knowledge (XXG)

Dorchester Finance Co Ltd v Stebbing

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214:
and in the interests of the company (see now, s.172 Companies Act 2006). They also had to display such skill and care as should be reasonably expected from people with their knowledge and experience (see now, s.174 Companies Act 2006). The system of signing blank cheques was held to be negligent, and
29:
provision of the Insolvency Act 1986 s.214. The director of a company must act in good faith and in the interests of the company, he must display such skill as may reasonably be expected of a person with his knowledge and experience, and he must at all times take such care as a prudent man would
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Foster J held further that it would not be appropriate for the court to exercise its discretion to relieve the three directors on the basis that they acted "honestly and reasonably" under s.448 of the Companies Act 1948 (see now s.1157(1) Companies Act 2006).
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Dorchester Finance, which had gone insolvent, made a claim against Mr Stebbing and two other non-executive director
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Furthermore, no distinction should be drawn in principle between an executive and a non-executive director.
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who often signed blank cheques which were later countersigned by Mr Stebbing.
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Foster J held that directors of a company were bound to act in
53: 65: 8: 90:Re Produce Marketing Consortium Ltd (No 2) 72: 58: 50: 176:Re Continental Assurance Co of London plc 215:liable for losses under s.214 IA 1986. 7: 151:Re Brian D Pierson (Contractors) Ltd 103:Dorchester Finance Co Ltd v Stebbing 139:Re Oasis Merchandising Services Ltd 14: 18:Dorchester Finance Co v Stebbing 250:1977 in United Kingdom case law 240:United Kingdom company case law 1: 201:United Kingdom insolvency law 245:High Court of Justice cases 266: 197: 185: 171: 159: 147: 135: 123: 111: 99: 85: 30:take on his own behalf. 127:Re Hydrodan (Corby) Ltd 80:Wrongful trading cases 189:Brooks v Armstrong 207: 206: 257: 177: 91: 74: 67: 60: 51: 27:wrongful trading 265: 264: 260: 259: 258: 256: 255: 254: 230: 229: 228: 208: 203: 193: 181: 175: 167: 163:Re Cubelock Ltd 155: 143: 131: 119: 115:Re Purpoint Ltd 107: 95: 89: 81: 78: 48: 36: 25:case under the 12: 11: 5: 263: 261: 253: 252: 247: 242: 232: 231: 227: 224: 205: 204: 198: 195: 194: 192:EWHC 2289 (Ch) 186: 183: 182: 172: 169: 168: 160: 157: 156: 148: 145: 144: 136: 133: 132: 124: 121: 120: 112: 109: 108: 100: 97: 96: 86: 83: 82: 79: 77: 76: 69: 62: 54: 47: 44: 35: 32: 23:UK company law 21:BCLC 498 is a 13: 10: 9: 6: 4: 3: 2: 262: 251: 248: 246: 243: 241: 238: 237: 235: 225: 223: 219: 216: 213: 202: 196: 191: 190: 184: 179: 178: 170: 165: 164: 158: 153: 152: 146: 141: 140: 134: 129: 128: 122: 117: 116: 110: 105: 104: 98: 93: 92: 84: 75: 70: 68: 63: 61: 56: 55: 52: 45: 43: 41: 33: 31: 28: 24: 20: 19: 220: 217: 209: 187: 173: 161: 149: 137: 125: 113: 102: 101: 87: 37: 17: 16: 15: 40:accountants 234:Categories 212:good faith 180:2 BCLC 287 130:2 BCLC 180 94:5 BCC 569 118:BCLC 491 106:BCLC 498 46:Judgment 166:BCC 523 154:BCC 26 142:Ch 170 226:Notes 34:Facts 199:see 236:: 73:e 66:t 59:v

Index

UK company law
wrongful trading
accountants
v
t
e
Re Produce Marketing Consortium Ltd (No 2)
Dorchester Finance Co Ltd v Stebbing
Re Purpoint Ltd
Re Hydrodan (Corby) Ltd
Re Oasis Merchandising Services Ltd
Re Brian D Pierson (Contractors) Ltd
Re Cubelock Ltd
Re Continental Assurance Co of London plc
Brooks v Armstrong
United Kingdom insolvency law
good faith
Categories
United Kingdom company case law
High Court of Justice cases
1977 in United Kingdom case law

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