CMS Dolphin v Simonet
| Jurisdiction | England & Wales |
| Date | 2001 |
| Year | 2001 |
| Court | Chancery Division |
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89 cases
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Mark Simon Reynolds (as Liquidator of CSB 123 Ltd) v Caroline Stanbury
...Kane Limited v Watkins [2002] EWHC 186 (Ch), which in turn were largely drawn from the judgment of Lawrence Collins J in CMS Dolphin Limited v Simonet [2001] 2 BCLC 704. Among these were the following: ‘A director's power to resign from office is not a fiduciary power. He is entitled to res......
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Swiss Butchery Pte Ltd v Huber Ernst
...in direct conflict with his pre-existing and continuing duty as managing director. Similarly, in CMS Dolphin Ltd v Simonet and another [2001] 2 BCLC 704 (“CMS Dolphin”), Lawrence Collins J held at [96] that the underlying basis of the liability of a director who exploits a maturing business......
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Shepherds Investments Ltd v Walters and Others
...himself in a position in which his own interests conflict with those of the company (British Midland Tool at paragraph [81] and CMS Dolphin Ltd v Simmonet [2001] 2 BCLC 704 at paragraph [84]). 107 It is difficult to see any legitimate basis for the "trumping" of those duties by "rules of pu......
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John Corbitt Barnsley and Others v Philip Noble
...where one looks at the loss to the Estate rather than the gain to Philip). Mr Tager referred me in this connection to CMS Dolphin Ltd v Simonet [2002] BCC 600, but I am not sure this helps him. That was a case where a director of an advertising company resigned and set up a competing busine......
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2 books & journal articles
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RECONFIGURING THE NO CONFLICT RULE
...BCC 875; Quarter Master UK Ltd v PykeUNK[2005] 1 BCLC 245; Crown Dilmun v SuttonUNK[2004] 1 BCLC 468; CMS Dolphin Ltd v SimonetUNK[2001] 2 BCLC 704; Item Software (UK) Ltd v FashihiUNK[2005] 2 BCLC 91; Industrial Development Consultants Ltd v CooleyWLR[1972] 1 WLR 443, [1972] 2 All ER 162; ......
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Case Comments: Mass Resignation of the Board and Social Responsibility of the Company: Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd
...it was never in the best interests of a company for a particular director toresign (see CMS Dolphin Ltd v Simonet & Another [2001] 2 BCLC 704 (ChD) in par 95 at 733). The nature of the right to resign cannot be differentdepending on the number of directors who resign. Whether one directorre......