- Cited — Hotel Portfolio II UK Limited (In Liquidation) & Anor v Andrew Joseph Ruhan & Anor 2023-10-04
“…A century later, in Guinness plc v Saunders [1990] 2 AC 663 (“Guinness”), Lord Goff, after citing the judgments of Lords Wilberforce and Pearson in Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549, said at 697 that, to th…”
- Cited — Recovery Partners GP Limited & Anor. v Irakli Rukhadze & Ors. 2023-03-21
“… failure to do so should encourage other fiduciaries to breach their duties. In this context she cited Regal (Hastings); Boardman v Phipps; Guinness v Saunders [1990] 2 AC 663; Murad; Gray; and a number of academic articles including three written by Professor Conaglen. In this section of her Judgment she concluded at [260]:…”
- Cited — Kenneth Davies v Stephen Ford & Ors. 2023-02-17
“…] EWCA Civ 959 at [88] (Arden LJ) and the cases there cited. Also of relevance is the limitation expressed by Lord Goff of Chieveley in Guinness PLC v Saunders [1990] 2 AC 663 at [701]:…”
- Cited — Fairford Water Ski Club Ltd v Cohoon & Anor 2021-02-09
“…ance with section 317 renders a contract voidable by the company under the general law: Hely-Hutchinson v Brayhead Ltd [1967] 1 QB 549; Guinness Plc v Saunders [1990] 2 AC 663. The remedy of rescission is subject to ordinary equitable principles, including the principle of restitutio in integrum.…”
- Cited — Gray v Global Energy Horizons Corporation 2020-12-09
“…ld be what one would have to pay a Chief Executive Officer. It is also accepted that the provision of such an allowance is exceptional: Guinness plc v Saunders [1990] 2 AC 663. In cross examination it became clear that Mr Ward had no particular expertise in determining the level of remuneration of such a person and had merely taken a…”
- Cited — Gray v Global Energy Horizons Corporation 2020-12-09
“…policy which underlies the strict rule of equity which requires a defaulting fiduciary to account for a profit made in a situation of conflict of interest: see [1990] 2 AC 663 at 700-702. Before coming to that, we note that Lord Goff also clearly agreed with the other members of the court that the discretion to make an equitable allo…”
- Cited — Dickinson & Anor v NAL Realisations (Staffordshire) Ltd & Anor 2019-12-03
“…Mr Barker relied in support of his submissions on Guinness plc v Saunders [1990] 2 AC 663. In that case, Guinness claimed the return of £5.2 million from a Mr Ward on the basis that the payment had not been authorised by the company’s board. The Hou…”
- Cited — Global Corporate Ltd v Hale 2018-11-27
“…uit claim for this purpose even as an answer to a claim by the Company against the directors based on misfeasance or breach of duty. In Guinness Plc v Saunders [1990] 2 AC 663 the House of Lords held that the law would not imply a contract for remuneration when such could only be agreed to under the articles of association by an appr…”