Directors - Conflict Flashcards
Dolphin -v- Simonet
Poached Staff - liable to account
Regal -v- Hastings
Profit made, unauthorized transaction, “alls well”, fraud if absence of bona fide, liability arises from the gain
Aerospares -V- Thompson
Co in new jurisdiction, impossible to account - mareva
Target Holdings
Entitled to be compensated for loss caused BUT FOR BREACH
Industrial Developments -v- Cooley
Didnt use company info to gain contract - still liable
AIB -v- Diamond
Overriding principle that fiduciary duty and personal interests cannot conflict
Aberdeen -v- Blaikie
No profit, no conflict
Fairbrother -v- Steifel Labs
Spouses of competing companies can cause conflict
Facenda Chicken
Obligation to respect trade secrets
Twinsectra -v- Yardly
Knowing Receipt - enough that connected person benefitted from the loss.