Written about for some time now, those provisions in the Companies Act 2006 relating to the derivative claim are finally about to come into force shortly, from 1 October.<\/p>\n
DLA Piper UK LLP<\/a>‘s Andrew Dodd is squarely in the camp of those predicting the codification is not to lead to more claims. Fellow residents include Simmons & Simmons<\/a>, Edwin Coe LLP<\/a> and yours truly (see previous post<\/a>) among others. Dodd’s latest article on the topic was in FTfm<\/a>, the weekly fund management section of the Financial Times, last week. A quote:<\/p>\n The likelihood is, nonetheless, that directors will not face a proliferation of claims. Those responsible for drafting the 2006 Act made it abundantly clear that they did not wish, or envisage, there to be any greater degree of litigation as regards directors’ duties than there is now.<\/p>\n The 2006 Act expressly provides that the new codified directors’ duties should be interpreted and applied by reference to existing legal case law and principles. This should act as a brake on any significant change.<\/p><\/blockquote>\n Dodd, with associate Matthew Daly, had previously published on directors’ duties and liabilities and derivative actions in the Company Secretary\u00e2\u20ac\u2122s Review<\/a> and Commercial Litigation Journal<\/a>.<\/p>\n