Choose ONE question.
FOLLOW OSCOLA STYLE
Question 1
In the case of Eclairs Group Limited v JKX Oil and Gas Plc [2016] 3 All ER 641 at page 659 Lord Sumption stated:
“The rule that the fiduciary powers of directors may be exercised only for the purposes for which they were conferred is one of the main means by which equity enforces the proper conduct of directors. It is also fundamental to the constitutional distinction between the respective domains of the board and the shareholders.”
To what extent is this rule actually effective in ensuring that companies are properly managed? Please discuss recent cases in England or in other jurisdictions in your answer.
Question 2
Critically discuss the means by which parent companies may be held legally responsible for the acts or omissions of their subsidiaries. Include in your answer considerations of international law, soft law and the domestic law of any state as appropriate.
Students are reminded of the importance of submitting this assessment. The word limit for this assessment is 3,500 words including footnotes but excluding bibliographies. Students are also reminded about the rules on plagiarism and academic misconduct
Question 3
What legal issues are raised by the recent collapse of the English company Carillion plc? Suggest reforms to the corporate governance regime which might assist in preventing future collapses of this kind.
Question 4
Should the present rules of English law protecting unhappy minority shareholders be reformed? If so how? You may discuss regimes in other jurisdictions in your answer as appropriate.
Students are reminded of the importance of submitting this assessment. The word limit for this assessment is 3,500 words including footnotes but excluding bibliographies. Students are also reminded about the rules on plagiarism and academic misconduct