BHS directors liable for wrongful trading and misfeasance
Two former directors of BHS are held liable for wrongful trading and misfeasance. We explore the implications of this decision for directors and D&O insurers.
Mitchell v Al Jaber - Director misusing company assets after ceasing to be a director
This Court of Appeal decision considers the scope of a director's duties post liquidation and the principles for awarding equitable compensation for breach of fiduciary duties.
Lifestyle v Ahmed - Supreme Court gives directors a "get out of jail free card"
Is a director, or senior employee, who caused a company to commit a strict liability trademark infringement automatically liable, even if they are not aware of the facts that make it wrongful? That was one of the questions that the Supreme Court had to answer in the case. Read more here.
Fraud in the spotlight – why companies, their senior management and their insurers need to take note
The Economic Crime and Corporate Transparency Act 2023 has changed fraud offences in the UK. Corporate entities and their senior management face more risk as the scope of corporate liability is widened. Read more here.
Employment law changes in 2024…with lots more to come
A number of new employment laws have come into effect in 2024 and many employers have not yet considered these changes, leaving them exposed to non-compliance. Read more about these changes and how best to manage them here.
Economic Crime and Corporate Transparency Act 2023: a gear shift at Companies House – what does it mean for SMEs and their insurers?
Our article takes a deeper diver into the swathe of reforms to Companies House introduced by the ECCT Act, which fundamentally alter the agency's character and powers.
What is the role of the Chief AI Officer (CIAO) in an organisation?
As organisations harness the benefits of AI, they are increasingly hiring CAIOs to ensure AI is integrated effectively and efficiently into their operations. Read more about the role of the CAIO here.
FCA Listing Rule Changes – sowing the seeds for future FSMA Claims?
With increased statements to markets and the FCA admitting that proposals to change the listing rules "could entail an increased possibility of failures", the seeds of future FSMA s90 and s90A claims appear to be sown. Read more here.
Terrorism (Protection of Premises) Bill and the implications for D&O insurance
This Bill – also known as Martyn's Law – is intended to prepare the UK for the evolving and diversifying terrorist threat, and introduces mandatory requirements for qualifying public premises to mitigate the risk of terrorist attack. Read more about potential liabilities and exposures for directors and officers here.
Litigation Funding impacted by the UK General Election
The Litigation Funding Agreements (Enforceability) Bill would have restored the pre-PACCAR position and resolved the current uncertainty surrounding the enforceability of agreements where funders take.
