Company v director: who pays for wrongdoing?
When the directors of a company involve it in a fraudulent transaction, is the company barred by the doctrine of illegality from suing them and their accessories for losses caused by their breach of fiduciary duty?
In an article first published by ELA briefing in August 2015, Georgina Hirsch explores the question considered by the Supreme Court in Bilta. The article considers the illegality defence but not the attribution or territorial jurisdiction points.
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