Restriction Of Non-Executive Directors Update
| Published date | 21 November 2022 |
| Law Firm | Matheson |
| Author | Mr Tony O'Grady, Julie Murphy-O'Connor, Brendan Colgan and Kevin Gahan |
The recent decision of the Court of Appeal in Fennell v Appelbe[2022] IECA 160, upholding the decision in the High Court, appears at first glance to endorse a stricter approach to restriction proceedings with regard to non-executive directors.
On closer analysis however, it is clear that the judgment is very much fact specific and not inconsistent with the decision of the Supreme Court in the Re Tralee Beef & Lamb Limited [2008] 3 IR 347 case and the decisions of the High Court in cases such as:
- Re Vehicle Imports Ltd (In Liquidation) [2000] IEHC 90;
- Re Mitek Holdings Ltd & others [2010] 3 IR 374;
- ...
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