COMPANY LAW
The UK is a common law jurisdiction. Although we have enacted the Companies Act 2006 to govern the setting up and governance of the company, case law remains of paramount importance in understanding how statutory provisions are applied. The understanding and use of case law is also particularly important as many actions under company law are civil in nature and courts’ jurisprudence in interpreting various provisions of the Companies Act 2006 will be referred to for their precedential value.
Select and critically discuss THREE iconic and leading cases that in your view provides key insight and understanding into statutory interpretation in relation to THREE different statutory sections in the Companies Act 2006. Critically discuss the importance, the contribution, the achievements and shortcomings, if any of the cases that you have selected, in relation to giving the respective statutory provisions meaningful interpretation. Discuss what you consider to be ‘leading’ or ‘iconic’ in the cases you have chosen for the purposes of interpreting the respective statutory provisions they relate to.
You can also take into account the context of other case law where relevant, such as where the case you discuss builds upon other precedent or influences subsequent cases. In other words, although your focus should be on the iconic case chosen to discuss in relation to the areas below, you should not merely discuss the case in isolation but should take into account the relevant context of other relevant case law jurisprudence. However, discussion of other cases should not become dominant over the case you select as iconic and representative in relation to the statutory provision you choose.
You should avoid merely narrating the facts and judicial findings of the cases you have selected to discuss. You should aim to allocate about a third of your word limit to each case you discuss.
The word limit is 3,000 words including figures, diagrams and footnotes but excluding bibliography.
(Number of sources is not limited actually)
The citation style is OSOCLA
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