Company
Ciban Management Corp v Citco (BVI) Ltd and another (British Virgin Islands) [2020] UKPC 21, [2020] All ER (D) 175 (Jul)
The defendants, the director and the registered agent of the claimant company, had not breached the tortious duty of care owed to the claimant company, by issuing a power of attorney, without informing the ultimate beneficial owner, in order to sell land belonging to the claimant. In so holding, the Privy Council highlighted that the ultimate beneficial owner, who chose to hide his position from public view, took the risk of being betrayed by an agent who was being used to convey instructions to the director. Although there might be claims by the ultimate beneficial owner against the agent, the ultimate beneficial owner could not throw the risk taken onto the director by instigating an action by the company against the director for breach of the director’s duty of care.
European Union
A v B and another C-738/19, [2020] All ER (D) 62 (Sep)
Articles 3(1) and (3) and 4(1) of Council Directive (EEC) 93/13 should be interpreted
