UK Knowledge Collection | Directors' duties, bad faith in trade mark applications, and data law for employers

A recent ruling by the Court of Appeal has given clarity on the standards of honesty that directors must achieve to demonstrate compliance with their duty to promote the success of the company, under section 172 of the Companies Act 2006. Whether or not a decision by a director has been made in good faith will be assessed both subjectively and objectively in this context. Our Insight discusses how directors can evidence they have complied with their fiduciary duties.

Since the Supreme Court's important judgment on bad faith in trade mark applications in Sky v Skykick last year, there have been two opposition decisions in which the UK Intellectual Property Office (UKIPO) has applied the ruling. It has also issued statutory guidance immediately updating its examination procedure. Our Insight considers the implications for trade mark applicants, as bad faith is raised more frequently in response to infringement claims.

Our latest GDPR for HR update looks at what employers should know about the recently-passed Data (Use and Access) Act, workplace surveillance and its impact on equalities law, an EU case on "excessive" subject access requests, and ICO guidance on keeping employment records.

Recent Insights

GDPR for HR | Summer 2025

The latest updates, cases and insights on data privacy for employers.
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Court of Appeal rules that UK directors must act honestly towards the company's board and members

Directors acting dishonestly towards their company (even believing themselves to be doing the right thing) are likely to be breaching their directors' duties.
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UK FCA aligns conduct rules in banks and non-banks for serious non-financial misconduct

New rules announced in a policy statement mean that conduct rules will now more closely align between banks and non-banks, bringing more behaviour within the scope of the FCA's Code of Conduct for Staff sourcebook (COCON).
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Moving on up: the why, the why not to, and how of London AIM to Main Market transfers

What might the benefits be for larger AIM-quoted companies in moving to the Main Market of the London Stock Exchange; what is the process; and why might staying be more suitable for some issuers?
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Life after SkyKick: UKIPO applies Supreme Court's ruling and issues examination guidance

Applicants should avoid overly expansive trade mark specifications and be prepared to justify their commercial reasons for broad specifications if challenged by the UK Intellectual Property Office.
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