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O'Donnell v Shanahan
''O'Donnell v Shanahan'' () 〔(EWCA Civ 751 )〕 is a UK company law case concerning the strict prohibition on any possibility of a conflict of interest between a company director's duty to promote her company's success and her own gain.
==Facts==
Allied Business & Financial Consultants Ltd was a small company, with its office above the Charles Dickens pub at 160 Union Street in Southwark. The directors were former Bank of Ireland employees, who had set up the company in 1988, and included Ms O'Donnell and Mr Shanahan who were both directors. Ms O'Donnell had fallen out with the other members allegedly after (among other things) Mr Shanahan had diverted a property investment opportunity - to buy an interest in the fifth floor of Aria House, above the Playhouse Theatre, 23 Craven Street, near Embankment - to one of his own companies. Ms O'Donnell contended that this diversion was a breach of Mr Shanahan's duty as a director to act without any possibility of a conflict of interest, and because Allied Business Ltd could possibly have taken the opportunity, she was in her interests as a member unfairly prejudiced (under CA 1985 s 459, now CA 2006 s 994). She requested that her shares be bought out at a fair value.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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