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Enforcing breaches of directors’ duties by a public body and antipodean experiences

Keay, Andrew and Welsh, Michelle 2015, Enforcing breaches of directors’ duties by a public body and antipodean experiences, Journal of corporate law studies, vol. 15, no. 2, pp. 255-284, doi: 10.1080/14735970.2015.1044767.

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Title Enforcing breaches of directors’ duties by a public body and antipodean experiences
Author(s) Keay, Andrew
Welsh, Michelle
Journal name Journal of corporate law studies
Volume number 15
Issue number 2
Start page 255
End page 284
Total pages 30
Publisher Routledge
Place of publication Abingdon, Eng.
Publication date 2015
ISSN 1473-5970
1757-8426
Summary A number of commentators, as well as government reports, have argued that the UK’s reliance on private enforcement mechanisms for breaches of directors’ duties has generally been ineffective. Some argue that provision should be made in statute for public enforcement. Assuming that there is strength in this argument this article asks what form this public enforcement should take. The article considers the way that Australia has proceeded in the past 20 years or so in permitting the public enforcement of breaches of directors’ duties, via both criminal sanctions and civil penalties. The argument advanced in this article is that despite the possible advantages that may flow from the introduction of a criminal enforcement regime, such a regime is unlikely to be adopted in the UK. Following an examination of the use that the Australian corporate regulator has made of the civil penalty regime the argument advanced in the article is that the introduction in the UK of a similar regime providing for the making of the same kind of orders would be beneficial.
Language eng
DOI 10.1080/14735970.2015.1044767
Field of Research 1801 Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, Taylor & Francis
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091782

Document type: Journal Article
Collection: Law
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