Problems in the identification of a Company Director

Abstract

Looks at the circumstances justifying the identification of a person as a de facto director, in particular the "equal footing test" and the "holding out test" and the inconsistency with which these have been applied by the courts. Examines the case of Secretary of State for Trade and Industry v Deverell which widens the definition of shadow directors. Considers the distinction between a de facto and shadow director and suggests reform of legislative definitions.