Monday, October 09, 2006

UK Company Law History

I am still rather amazed of the development of UK Company Law over the last century and a half. My jaw has been half way to the floor during the weekend upon reading Roe's, Cheffin's and especially Alfred Chandler jr.'s theories and thoughts on political determinants in the UK as well as the business history. As a practitioner in the latter half of the 2oth century, early 21st I had dealt on numerous occasions with UK solicitors, companies and businessmen. Generally UK company law has in my mind had an aura of confidence, solid foundations and being at the forefront of company law in the world, despite the obvious problems of litigation in the country. To my bewilderment I now discover that this development and current status of UK company law is a fairly recent one, mostly accredited to the Thatcher government of 1979 to 1990. Yet this system is now being turned upside down and rewritten as we speak, so I am curious as to what the outcome will be. Apart from the Corporate Governance initiative spurred by Sir Cadbury, UK company law is still in a great deal of disarray. It may perhaps be said that the greatest detriment was caused by the left-wing governments of the post-war era, but the current CLR seems to be taking matters to the extremes as well. If the legislator's intention is to prepare a more approachable piece of company law, particularly prepared for the everyday director, adding 50% to the text from the previous version, is not the way to go about such "user friendly" updating.

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