Breach of the duty of good faith: options for directors
‘With great power comes great responsibility.’ This is an old adage that some say dates back to the first century BC, and which is as relevant today as it was at the time it was first conceived.
It is particularly relevant in the context of companies, where a director is given authority and control in respect of a company’s affairs, but where there are corresponding duties designed to ensure that these powers are exercised in a sound way.
Defending a claim that you breached your duties as a director
It is the thing that all company directors dread – the prospect of a claim of an alleged breach of duty – for this can give rise to personal liability or can result in the imposition of criminal sanctions or a director’s disqualification order.