- In brief: Limitation periods on directors’ breaches of fiduciary duty revisited (First Subsea v Balltec)
- Original news
- What should dispute resolution lawyers take note of?
- What was this case about?
- What did the Court of Appeal decide?
Dispute Resolution analysis: Oberon Kwok, barrister at St Philips Chambers, considers the case of First Subsea Ltd (Formerly BSW Ltd) v Balltec Ltd  EWCA Civ 186. The Court of Appeal considered the application of section 21(1)(a) of the Limitation Act 1980 (LA 1980) to a director who had breached his fiduciary duty to his company dishonestly but who had not misappropriated company property. It held that LA 1980, s 21(1)(a) applied notwithstanding that there was no misappropriation. The court also reiterated the well-known and longstanding principles on alleging and proving fraud.
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