October 2021

Metroglass – Court of Appeal clarifies status of discretionary bonuses

Despite the efforts of many employers over a long time to make it very clear that various performances schemes, and particularly those involving some element of discretion, do not form part of the terms and conditions of employment – it seems that the Employment Court had its own view. In 2016 and 2017, Metroglass invited […]

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Birchfield – unfair prejudice remedy is not (quite) an appraisal right

For some weeks since the Court of Appeal decision came out at the beginning of September, I have been wondering if Birchfield tells us anything new about unfair prejudice claims by a minority shareholder. The reason for that hesitancy is that a glance at the background to the decision shows a difficult family squabble.  Like

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Proposed amendments to the director’s basic duty of loyalty – The Companies (Director Duties) Amendment Bill

At the end of last month a Labour MP announced that he had a Bill drawn from the ballot that has, as its aim, clarifying that a director can take actions which take into account wider matters other than the financial bottom-line. This, the explanatory note for the Bill says, accords with modern corporate governance

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