CMS Dolphin v Simonet
| Jurisdiction | England & Wales |
| Date | 2001 |
| Year | 2001 |
| Court | Chancery Division |
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81 cases
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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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Swiss Butchery Pte Ltd v Huber Ernst and others and another suit
...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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Sunrise Radio Ltd and Another (Petitioner) v Dr Avtar Lit and Others
...and the non-profit rule extends to parties controlled by the fiduciary: see, for example, CMS Dolphin Ltd v Simonet and another [2001] 2 BCLC 704 (Lawrence Collins J). 163 I shall consider first the invoice of £150,000 raised on 5 th January 2003 in the name of GRS (in respect of services r......
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Quarter Master UK Ltd ((in Liquidation)) v Pyke and Others
...from Keech v Sandford (1726) Cas temp King 61, Regal (Hastings) Ltd v Gulliver [1967] 2 AC 134n, Boardman v Phipps [1967] 2 AC 46, CMS Dolphin Ltd v Simonet [2001] 2 BCLC 704 and Bhullar v. Bhullar [2003] 2 BCLC 241. 57 It may be relevant in the present case to know the period of time durin......
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6 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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Principle 6 of the Proposed Statement of Directors' Duties
...the corporation includes, in addition toa line-of-business formula, source-of-information inquiry: s.5.05 (b). See discussion below.50 [2001] 2 BCLC 704.51 [1916] 1 AC 554 (PC).52 See Island Export Finance Ltd vUmunna [1986] BCLC 460, where the company’s action againstthe ex-director failed......
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Remedies for Breach of Trust
...n 32 above, 163 per McLachlin J.71 Target n 5 above, 439 per Lord Browne-Wilkinson.72 AIB n 1 above at [95].73 CMS Dolphin Ltd vSimonet [2001] 2 BCLC 704 at [97] per Lawrence Collins J.74 Eg, Attwood vSmall (1838) 6 Cl & F 232; Reynell vSpyre (1852)1 DeGM&G660,708 perCranworth LJ.75 Eg, AIB......
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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......
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