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Old 1st October 2019, 15.12:46   #37-0 (permalink)
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Default Re: Fiduciary Duty and the Board

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Originally Posted by 3pmsaturday View Post
Okeydokey. you can disengage whilst I await the solicitors letters.

For others I have read the Agenda and there are bits that look a bit like where/what I want to see which for me is football experience. What would be helpful to many I suspect if the people behind the EGM could detail the current relationships with boards etc?
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Old 1st October 2019, 16.26:30   #38-0 (permalink)
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Default Re: Fiduciary Duty and the Board

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Surely as useless as a board we have it can’t be a crime to be useless at picking managers
I don’t for a minute think we have “useless” board, quite the opposite. No it’s just a fact they don’t have any football experience. I have defined that elsewhere.
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Old 1st October 2019, 16.45:09   #39-0 (permalink)
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Default Re: Fiduciary Duty and the Board

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We were advised in order to satisfy that duty of care you had to know what you were doing in a professional environment. Where does it stop, should they have a stab at Physio? I appreciate I'm being silly but it could be argued the single most important function within the club is being dealt with in that fashion.
But to prove breach of fiduciary duty there is a hurdle test to be applied “knowingly and wilfully” tends to be banded about - just not being very good doesn’t drag you into court for breach otherwise half the Directors I know would have been up before the courts!

As I say totally appreciate where you are coming from, agree with the sentiments but I wouldn’t suggest the board are yet in breach.
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Old 1st October 2019, 16.47:56   #40-0 (permalink)
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Default Re: Fiduciary Duty and the Board

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But to prove breach of fiduciary duty there is a hurdle test to be applied “knowingly and wilfully” tends to be banded about - just not being very good doesn’t drag you into court for breach otherwise half the Directors I know would have been up before the courts!

As I say totally appreciate where you are coming from, agree with the sentiments but I wouldn’t suggest the board are yet in breach.
You are assuming some sort of trial. No, let’s acknowledge it and remedy it that’s all. It’s not a company law thing it’s a trust thing.
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Last edited by 3pmsaturday; 1st October 2019 at 16.49:08..
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Old 1st October 2019, 17.09:28   #41-0 (permalink)
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Default Re: Fiduciary Duty and the Board

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You are assuming some sort of trial. No, let’s acknowledge it and remedy it that’s all. It’s not a company law thing it’s a trust thing.
It IS a company law thing as well because the fiduciary duties of Directors are now codified in the Companies Act. Similar to common law trustee duties anyway.

A director being not very good at his job, or not having enough experience as would be liked in one aspect of the business, even to the point of giving a fair reason for dismissal is VERY far removed from a Director breaching their fiduciary duties.

I think you are either mis-remembering your advice before, it was OTT or you’ve misinterpreted it. The kind of things you’re talking about are nowhere near the standard required and is just making your arguments seem like hyperbole when there are no doubt genuine concerns to be raised (and I share them).

Last edited by wrexhamandy; 1st October 2019 at 17.11:07..
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Old 1st October 2019, 17.43:08   #42-0 (permalink)
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Default Re: Fiduciary Duty and the Board

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Originally Posted by 3pmsaturday View Post
You are assuming some sort of trial. No, let’s acknowledge it and remedy it that’s all. It’s not a company law thing it’s a trust thing.
Breach of fiduciary duty is serious though, as a Director it’s as serious allegation you can face below fraud (and arguably could in many cases equate to the same) and above incompetence. Hamilton got done for breach fiduciary duty, the only Wrexham Director I know of who has so as much as I disagree with prior decisions, direction, strategy and focus I can’t bring myself to bring it to fiduciary duty level - the board have made mistakes but you can’t throw them in Hamilton’s bucket by using the term.

Just an opinion and one some might find odd given my previous criticisms
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