This website uses cookies to ensure you get the best experience on our website. Learn more

CMS Dolphin Ltd v Simonet [2001] EWHC Ch 415

By Oxbridge Law TeamUpdated 04/01/2024 07:05

Judgement for the case CMS Dolphin Ltd v Simonet

Table Of Contents

  • Two people formed advertising agency.

  • Defendant resigned as director and set up rival business, which proceeded to poach all of former company’s staff and clients.

  • However by time of court case, new company was insolvent; thus issue was whether former company could claim account of profits from defaulting director himself.

Held

  • Defendant took corporate opportunities from former company

  • These opportunities were ‘property’ of former company.

    • Thus trustee-type remedies follow.

  • Defendant is jointly liable with insolvent company for profits.

    • Even though the profits had been paid directly to insolvent company.

Any comments or edits about this case? Get in touch

For Further Study on CMS Dolphin Ltd v Simonet

Company Law Notes
805 total pages
1082 purchased

Company law notes fully updated for recent exams in the UK. These no...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started

Related Product Samples

These product samples contain the same concepts we cover in this case.

Company LawDirectors' Duties 2 Cases (7 pages)
Claim every advantage to get a first in law
Company Law Notes
805 total pages
1082 purchased

Company law notes fully updated for recent exams in the UK. These no...