The High Court has recently handed down judgment in a case that
provides useful guidance on two questions fundamental to coverage
on many D&O notifications (1) Is the individual a Director,
despite not being registered as such at Companies House; and (2)
How do you assess whether the alleged wrongful acts were carried
out in the capacity as a Director?
(1) John Anthony Popely (2) Andrew Popely v (1) Ronald
Anthony Popely (2) Cosmos Trust Ltd (3) Casterbridge Properties Ltd
(2019) 13 June 2019.
BACKGROUND
Family members with interests in various companies in the
leisure industry were in dispute as to their respective shares of
those companies.
A dispute between two brothers was first instigated in 2001 and
has been the subject of actions in England and Wales, St Vincent
and the Grenadines, France, Ireland and Gibraltar.
