Source: All England Reporter
Publisher Citation: [2002] All ER (D) 330 (Mar)
Neutral Citation: [2002] EWCA Civ 370
Court: Court of Appeal, Civil Division
Judge:

Brooke, Sedley and Jonathan Parker LJJ

Representation Nicholas Yell (instructed by Trevor Jenkin, Reading) for the claimants.
  Nicholas Vineall (instructed by Thompson Leatherdale, Reading) for the defendant.
Judgment Dates: 21 March 2002

Catchwords

Company - Director - Duty - Fiduciary duty - Existence of fiduciary duty - Director being effectively expelled from companies of which he had been director - Director remaining in name only as director of those companies - Director setting up competing company - Whether director in breach of fiduciary duty as director.

The Case

Where a director had effectively been expelled from companies of which he had been a director for some time, there was no breach of a fiduciary duty where he set up a new company, and dealt with clients of the companies of which he had been director, without using any of their properties or any confidential information he had obtained as director of those companies.

Practice Areas

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