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08 September 2017
Issue: 7760 / Categories: Legal News
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Directors cleared

Guernsey Royal Court has cleared the directors of asset management firm Carlyle Group of wrongful trading at the time of the credit crunch, in a keenly anticipated ruling. The court held the directors took reasonable commercial decisions, in Carlyle v Conway.

The claimants had argued they should have pulled out of mortgage-backed securities, including securities issued by Freddie Mac and Fannie Mae, earlier to prevent the fund collapsing in 2008 with losses in excess of $1bn.

Timothy Collingwood, barrister at Serle Court Chambers, said the judgment made compelling reading: `Carlyle Capital Corporation’s (CCC) business model was stress tested to withstand shocks beyond the worst of those in modern memory at the time of its launch in late 2006. In addition, the vast majority of its assets were residential mortgage backed securities issued by Fannie Mae and Freddie Mac carrying the implicit guarantee of the US government. Neither these safeguards, nor the fact that CCC was managed by some of the sharpest financial minds around, prevented it from failing with losses in excess of $1bn as a result of the cataclysmic financial events of 2007-2008. 

`The judgment vindicates the reasonableness of the attempts that CCC’s directors and management took to try and save it, and exonerates them from allegations that they breached their duties to the company and wrongfully sought to continue trading rather than immediately winding down operations'.

Issue: 7760 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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