Current Issues of Directors’ Liability – The Scottish View

Abstract:

The author reviews three recent Scottish cases in company law – Eastford v. Gillespie, Naxos and William Campbell. These cases add to the discussion of a number of issues in company law such as the role of the common law in the sections on directors’ duties of the 2006 Companies Act, lifting the corporate veil and generally a director’s civil liability for breach of statutory duty and in particular failure to arrange employers’ liability insurance. The author critically evaluates these cases in the context of Scots law within the UK and explains how these can be seen to develop a distinct Scottish view on company law matters while contributing to the development of UK company law as a whole. The author also considers relevant legislative initiatives on the part of Scottish and UK governmental bodies and Parliaments.