The essays in this third volume of Developments in European Company Law are concerned with conflicts of interest and duty in company law.
A first part provides a legal analysis of the duties of company directors, of their accountability, and of the trustee's perspective. A second part provides a socio-legal analysis and a third part an economic analysis.
The essays provide important contributions to law reform and scholarly debate of these pressing issues of company law.
The contributors include leading judges with an interest in the field, Lord Hoffmann and Lady Justice Arden, and academics from the UK and Australia, Charles Harpum, John Birds, John Lowry, Rod Edmunds, Paddy Ireland, Ian M. Ramsay, Geof Stapledon, Neil Andrews, Janet Dine, Christopher Riley, Andrew Griffith, A.J. Boyle, Simon Deakin and Alan Hughes.
I: Editors' Introduction; M. Andenas, D. Sugarman. II: Legal Analyses. 1. Duties of Company Directors; The Rt Hon The Lord Hoffmann. 2. Company Directors and the Accountability; The Rt Hon Lady Justice Arden DBE. 3. Conflict of Interest - The Trustee's Perspective; C. Harpum. 4. Some Thoughts on Directors' Conflicts of Interest; J. Birds. 5. Section 317: Injecting Rationality into Directorial Disclosure; J. Lowry, R. Edmunds. III: Socio-Legal Analyses. 6. Is Company Law Founded on Contract or Public Regulation: The Law Commissions' Paper on Directors' Duties; D. Sugarman. 7. Enlightening the Value of Shareholders: To Whom Should Directors Owe Duties? P. Ireland. 8. Directors' Conflicts: An Empirical Study; I.M. Ramsay. 9. Straining Frames Framing Strains: Bourdieu and Luhmann Explore Directors' Duties in Australian Law; N. Andrews. IV: Economic Analyses. 10. The Law Commission Report: Sweeping the Issues under the Carpet; J. Dine. 11. Value Pluralism, Economic Analysis and the Law Commission's Report on Company Directors; C. Riley. 12. Fair and Efficient Conflict of Interest Resolution? An Analysis of the Extent of the Obligations on Interested Directors in the Light of the Law Commissions' Report; A. Griffith. 13. Economic Considerations: A Comment on the Law Commissions' Final Report on Directors' Duties; A.J. Boyle. 14. Economics and Company Law Reform - A Fruitful Partnership? S. Deakin, A. Hughes.