A critique of shareholder primacy under UK takeover law and the continued imposition of the Board Neutrality Rule
AffiliationUniversity of Essex
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AbstractPurpose – 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.
CitationNyombi, 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