Directors' duty to exercise independent judgment: the path to s.173 of the Companies Act 2006 and beyond

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Abstract

Examines, with reference to an enquiry by the Business, Innovation and Skills Committee, directors' duties to exercise independent judgment under the Companies Act 2006 s.173. Reviews case law, the impact of the Australian High Court ruling in Thorby v Goldberg, the position of nominee directors, the codification of the duty, and its form, substance and application. Considers the duty's benefits and drawbacks for decision-making.
Original languageEnglish
Pages (from-to)271-277
Number of pages7
JournalThe Company Lawyer
Volume38
Issue number9
Publication statusPublished - 2017

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