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Company Law Reform Bill

Before the noble Lord decides what he is going to do with the amendment, I wish to ask the Minister a question. Does he agree that there is a difference between Clauses 528 and 529? Clause 528 concerns ““proposing to act””. That is an ex ante action. I understand that; it is the post-event that is so difficult. The Minister made a good case on why one needs to have strong potential deterrence where a company is proposing to act. My concern is where a company finds that it has done something ex post of a minor nature and it is then left in this very difficult circumstance that, no matter how minor, the court has no discretion to get the company off the hook on which it may inadvertently have impaled itself.