Re Smith & Fawcett Ltd
| Jurisdiction | England & Wales |
| Date | 1942 |
| Year | 1942 |
| Court | Court of Appeal |
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212 cases
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Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
...between the duty at common law and the statutory codification. 190 As expressed in the classic formulation by Lord Greene MR in Re Smith & Fawcett Ltd [1942] Ch 304, 306, the duty is to act in what the director believes, not what the court believes, to be the interests of the company. T......
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Colin Gwyer & Associates Ltd v London Wharf (Limehouse Ltd)
...by the Defendants do not apply in this case, a director owes his fiduciary duties to the company only and not to any shareholder. In Re Smith & Fawcett Ltd [1942] Ch 304 at 306 Lord Greene M.R. held that directors "must exercise their discretion bone fide in what they consider —not what a c......
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Forte (Charles) Investments Ltd v Amanda
...the onus of proof so as to put upon them the burden of justifying that which they have done". 26 Lastly, in the case of In re Smith and Fawcett, Limited., 1942 1 Chancery, page 304, the opportunity was taken by Lord Greene, Master of the Rolls, to emphasise that an Article in form similar t......
- Emporium Jaya (Bentong) Sdn Bhd v Emporium Jaya (Jerantut) Sdn Bhd (No.2)
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3 firm's commentaries
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High Court Refuses Permission For Climate-change Activist Shareholder To Bring Derivative Action On Behalf Of Shell Plc Against Its Directors
...to promote the success of a company for the benefit of its members as a whole, not the court (confirmed by Re Smith & Fawcett Limited [1942] Ch 304 and Iesini v Westrip Holdings Limited [2009] EWHC 2526 Further, the court did not think that the "incidental duties" pleaded were reconcilable ......
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Nominee Directors: Caught Between The Devil And The Deep Blue Sea
...BCLC 522, para. 31. 12 Boulting v. Association of Cinematograph Technicians [1963] 2 QB 606, 626. 13 Ibid., at 10. 14 Re Smith & Fawcett [1942] Ch. 304, 15 Re Southern Counties Fresh Foods [2008] EWHC 2810 (Ch) at 53. 16 Scottish Co-operative Wholesale Society Ltd v. Meyers [1959] AC 324. 1......
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The Hollinger Ruling - A BVI Perspective
...advantage to the company as a whole." 5 Regal (Hastings) Ltd. V Gulliver and Others [1967] 2 AC 134 6 316 A.2d 599 (Del. Ch.) at p. 606 7 [1942] Ch 304 8 Peter Xuereb, The Rights of Shareholders. The content of this article is intended to provide a general guide to the subject matter. Speci......
30 books & journal articles
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Cases referred to in 1965
...2 Ch. 352. 291 In re Samuel (1945) Ch. 364; (1945) 2 All E.R. 319. ........................................ 89 In re Smith & Fawcett Ltd. (1942) Ch. 304; (1942) 1 All E.R. 542 ....................... 66 James Lamont & Co. Ltd. v. Hyland Ltd. (1950) 1 K.B. 585; (1950) 1 All E.R 341. ..............
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An analysis of directors' fiduciary duties in the removal of a director from office
...Mining Co Ltd 2 006 5 SA 333 (W) para 16 617 Shuttle worth v Cox Brothers & C o (Maidenhead) Lt d 1927 2 KB 9; Re Smith & Fawc ett Ltd 1942 Ch 304, 306; Hogg v Cramph orn Ltd 1967 Ch 254; Regentcr est plc (in liquidati on) v Cohen 2001 2 BCLC 80 105; Extrasure Travel Insurances Ltd v Scatte......
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TORTIOUS ACTS AND DIRECTORS
...2006 (c 46) (UK) states that a director of a company “must exercise reasonable care, skill and diligence”. 52Re Smith & Fawcett LtdELR[1942] 1 Ch 304; Goh Kim Hai Edward v Pacific Can Investment Holdings Ltd[1996] 1 SLR(R) 540; Federal Express Pacific Inc v Meglis Airfreight Pte Ltd[1998] S......
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SHIFTING PARADIGM OF INVESTMENT BY CHARITIES
...“Is Criminalising Directorial Negligence a Good Idea?” (2014) 14 Journal of Corporate Law Studies 175 at 178–179. 69Re Smith & Fawcett Ltd[1942] Ch 304 at 308. 70 See Harlowe's Nominees Pty Ltd v Woodside (Lakes Entrance) Oil Co NL(1968) 121 CLR 483. 71 This term is used instead of non-prof......
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