R v R & Ors
The husband, as a shadow director of the family company, owes fiduciary duties not to compete with the company. The injunction is justified as it restrains breach of those duties.
- Parties
- Applicant: R; Respondents: R & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 15 November 2013
- Procedural Posture
- Family / Return Date Hearing on Freezing Order
- Outcome
- Injunction confirmed and to remain in force
- Legal Topics
- Freezing Injunction, Fiduciary Duties, Shadow Director, Matrimonial Assets
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Parties
R
Applicant
R & Others
Respondents
Procedural Posture
Family / Return Date Hearing on Freezing Order
Legal Issues
- 1 Whether an injunction restraining the husband from competing with the family company is legally justified
- 2 Whether a shadow director owes fiduciary duties to the company
Ratio Decidendi
The husband, as a shadow director of the family company, owes fiduciary duties not to compete with the company. The injunction is justified as it restrains breach of those duties.
Court Disposition
Injunction confirmed and to remain in force
Orders
- Paragraph 20 of the freezing order restraining the husband from competing with the family company remains in force
Full Case Text
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