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We are committed to staying up to date with the legal developments in all the sectors that we work in and our lawyers provide regular insight and commentary on developments across South Africa and Kenya’s legal landscapes.

9 July 2025 Article

Profit at your peril: Highest UK court reinforces strict ethic on corporate opportunities

A director cannot, without express permission of the company, go it alone and pursue a corporate opportunity that is in the same line of business as the company’s; and resigning in order to do so will not absolve them of this duty. The primary remedy for the company in this regard would be a disgorgement of profits. So strict is this ethic, and so narrow are its exceptions, that one may wonder if the rule is entirely reasonable in all cases. Nevertheless, in the landmark case of Rukhadze v Recovery Partners GP Ltd UKSC 10 the UK Supreme Court has recently rejected attempts to water down the fiduciary duties of directors in thisregard.

Corporate & Commercial Law4 min read

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We are committed to staying up to date with the legal developments in all the sectors that we work in and our lawyers provide regular insight and commentary on developments across South Africa and Kenya’s legal landscapes.