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Open Access. Powered by Scholars. Published by Universities.®

2015

Series

Business Organizations Law

Singapore Management University

Articles 1 - 2 of 2

Full-Text Articles in Law

Directors’ Defence Of Reliance On Professional Advisers Under Anglo-Australian Law, Wai Yee Wan Mar 2015

Directors’ Defence Of Reliance On Professional Advisers Under Anglo-Australian Law, Wai Yee Wan

Research Collection Yong Pung How School Of Law

This paper analyses the issue of whether directors may use reliance on professional advice as a defence to a claim for breach of duty to exercise care, skill and diligence under common law or companies legislation in England and Australia. While England and Australia share the same common law tradition and have similar statutory provisions on the standard of care of directors, an English court generally regards a director as acting reasonably when he seeks advice from a qualified and independent professional adviser in a specialist matter within his expertise. In the absence of any conflict of interest, reliance is …


The Enigma Of Veil-Piercing, Pey Woan Lee Jan 2015

The Enigma Of Veil-Piercing, Pey Woan Lee

Research Collection Yong Pung How School Of Law

In Prest v Petrodel Resources Ltd [2013] 3 WLR 1, Lord Sumption narrowly confined veil-piercing at common law to those cases where a controller had used a company under his control to evade a pre-existing legal liability. This article argues against this approach as it is so narrow that it practically abolished the jurisdiction. Instead, the jurisdiction should be preserved, and its exercise should be constrained by clearly articulated principles.