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Proceeding contribution from Lord Goldsmith (Labour) in the House of Lords on Monday, 6 February 2006. It occurred during Debate on bill and Committee proceeding on Company Law Reform Bill [HL].


Company Law Reform Bill [HL]

I worry a little how the courts would interpret that if it became law. I accept that the courts will often look to understand what is within a general principle and to that extent will therefore be concerned about the spirit. That is one way in which to describe it; I have never seen—although I may be corrected if I am wrong—a statute that says that you have to comply with the spirit in that sense, although from time to time courts certainly say it when considering whether someone has actually broken a specific obligation imposed on them. In any event, it might well lead to confusion to use that formulation.


Secondary information

Type
Proceeding contribution
Reference
678 c252GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
Codes of practice Company law Companies Directors Civil proceedings Conduct Finance Liability Management Taxation Shareholders Transfer pricing
Legislation
Company Law Reform Bill (HL) 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk