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    A critique of shareholder primacy under UK takeover law and the continued imposition of the Board Neutrality Rule

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    Authors
    Nyombi, Chrispas
    Affiliation
    University of Essex
    Issue Date
    2015
    Subjects
    Companies act 2006
    Board Neutrality Rule
    Cadbury
    Rule 21
    takeovers
    Takeover code 2006
    
    Metadata
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    Abstract
    Purpose – The purpose of this paper is to determine whether the Board Neutrality Rule and the primacy afforded to shareholders during takeovers is justified under common law and policy. Design/methodology/approach – The paper provides a detailed assessment of the role play by the board neutrality rule and whether this is supported by takeover law and Company law. A review of case law and statutes is provided. The paper is largely analytical. Findings – The paper finds little justification for the continued imposition of the Board Neutrality Rule. Originality/value – The paper adds to the growing body of research literature which has analysed the role played by the Board Neutrality Rule during takeovers.
    Citation
    Nyombi, C. (2015) 'A critique of shareholder primacy under UK takeover law and the continued imposition of the Board Neutrality Rule', International Journal of Law and Management, vol. 57 pp.235-264
    Publisher
    Emerald
    Journal
    International Journal of Law and Management
    URI
    http://hdl.handle.net/10547/579138
    DOI
    10.1108/IJLMA-12-2012-0042
    Additional Links
    http://www.emeraldinsight.com/doi/pdfplus/10.1108/IJLMA-12-2012-0042
    Type
    Article
    Language
    en
    ISSN
    1754-243X
    ae974a485f413a2113503eed53cd6c53
    10.1108/IJLMA-12-2012-0042
    Scopus Count
    Collections
    Centre for Research in Law (CRiL)
    Law

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