May 2014
22/5/14
GOLDTRAIL TRAVEL LTD v AYDIN [2014] EWHC 1587 (Ch), [2015] 1 BCLC 89
The court found that a sole director/shareholder had misapplied assets of the company in breach of fiduciary duty. They director’s acts could not be regarded as ratified by the company because of the company’s insolvency at the time the wrongful transactions had taken place. The director’s fraud could not be attributed to the company which was the victim. Third parties involved in the transaction were liable for dishonest assistance even if they had not dealt with trust property. The third parties could not set-off against their liability sums owed to them by the company.
21/5/14
CLYDE & CO LLP v VAN WINKELHOF [2014] UKSC 32, [2014] 1 W.L.R. 2047
An LLP member can properly be characterised as a worker for the purposes of the Employment Rights Act 1996.
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