Thursday, January 18, 2007

New CA 2006

The new CA 2006 is now downloadable and has been for some time, along with its explanatory notes. I am perplexed by the enormity of it all, although currently I am reviewing the new part on directors' duties and issues on their interpretation. The CLR stated its intentions to have this list exhaustive, 'modestly' stating that they had 'not been able to think of any new principles, nor areas' where added development from the courts could be of relevance. The CA and its explanatory notes do not state this decisively, although section 171(3) states that the list shall have effect in place of the common law rules. Whether that leaves the door open for the courts interpretations and rulings, is beyond my area of expertise, as non - UK legal professional. It does seem interesting that CMS McKenna in their summary on the CA doubts that the dynamic approach of the courts in that regard will change. This will be revealed soon enough.

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