The Hon. Mr. Justice Jack, sitting in the
Supreme Court of Gibraltar, gave judgment last month in
Compson v FSC, Weal v FSC (Claim No 2015 C No 001 and Claim No 2015 C No 002): see
here (
pdf). This is an important decision on directors' duties and the operation of section 35(1A) of the
Financial Services (Investment and Fiduciary Services) Act 1989, in which the trial judge accepted as relevant the principles on directors' individual and collective responsibility outlined by
Jonathan Parker J. and approved by the
English Court of Appeal in
Baker v Secretary of State of Trade and Industry [2001] BCC 273.
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