Scottish & Newcastle’s (S&N) company secretary
and general counsel Peter Kennerley, Emap general
counsel Nick Folland, Freshfields Bruckhaus
Deringer partner Vanessa Knapp and Herbert Smith
partner James Palmer are a formidable team.
During 2006 the quartet spearheaded a rare and
high-profile campaign to stop the Companies Act
from imposing unnecessary burdens on corporate
UK. The Companies Act, which was enacted in
November 2006, heralded the biggest shake-up of
companies legislation since the 1985 Companies
Act. The two private practice lawyers joined forces
with the General Counsel 100 Group (GC100) in its
successful lobbying efforts.
S&N’s Kennerley joined the GC100 in early 2006
and immediately set to work. With input from
Knapp and Palmer, the GC100 slammed the
provisions relating to directors’ duties and
shareholder remedies. Palmer was equally critical of
the clauses relating to directors’ duties and
shareholder remedies. In a perfectly timed move, he
wrote to the Financial Times in May (when the bill
was being debated in the House of Lords)
expressing serious concerns that the bill threatened
to make English law incompatible with running
campaigns.
In addition to playing a crucial role in trying to
moderate the Government’s stance, the quartet
also helped to educate the City, which will take
some time getting to grips with the changes the
legislation has introduced.
And although the Companies Act has already
been enacted, the GC100’s work is far from over.
The group is now busy working on the transitional
arrangements and the endless number of statutory
instruments that are expected to be published.
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