Manifest-I - Comment

The Railtrack case has introduced Britain to class-action litigation
Richard Northedge, Consultant Editor

August 2005


The recent Railtrack case brought by 49,000 shareholders is of far greater significance that seeing former transport secretary Stephen Byers squirm in the witness box: it has introduced Britain to class-action litigation - a form of shareholder activism that is alien to the United Kingdom but which is booming in the United States.

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Governance News

Manifest
Proxy voting firm considers AIM listing

Manifest has appointed Michael Deakin as its chairman replacing Peter Dixon, who is stepping down to concentrate on his other roles, including chairman of University College Hospitals NHS Trust and The Housing Corporation.  More >>

Company Law Reform
Accounting groups welcome government plans

The Association of Chartered Certified Accountants (ACCA) and the Institute of Chartered Accountants in England & Wales (ICAEW) have voiced their support for government plans to limit the liability of auditors on a proportionate basis.  More >>

US shareholder class actions
Settlements reach record highs

US shareholder class action settlements are at an all-time high, according to a study by NERA Economic Consulting which examined federal class action litigation filings, settlements values, and dispositions between January 1991 and 15 June 2005.
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Financial Services Authority
Enforcement procedures to get a shake-up

The Financial Services Authority (FSA) has recommended measures to strengthen the objectivity of its Regulatory Decisions Committee (RDC) following the the review of its enforcement processes. The review was commissioned in February after criticism by the Financial Services and Markets Tribunal. More >>

Work Foundation
Analysis of how companies succeed published

Of 3,000 UK firms surveyed and ranked, in terms of added value the top third outperforms the bottom two-thirds by £16,000 per worker per annum, and this is in large part due to fundamental differences in shareholder and governance systems, stakeholder relationships and human resources practices, according to a report from the Work Foundation. More >>

Baugur
Group backs out of possible Somerfield bid

Icelandic group, Baugur, which owns UK retail companies such as MK One, Mosaic Fashions, Iceland and Booker, was forced to withdraw from a consortium in discussion with Somerfield over a potential offer for the supermarket chain.
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New Zealand Securities Commission
Principles-based regime developed

The importance of developing a distinctive corporate governance model for New Zealand alongside a global approach by securities regulators was emphasised by Cathy Quinn, a member of the country's Securities Commission in a recent speech.
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Governance Resources

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Conferences

Topical governance and CSR-related conferences. More >>

International Corporate Governance Network
10th Anniversary Conference

New Agenda for the ICGN
Strengthening governance can combat poverty

Combating poverty will be tackled more successfully by increasing capital flows into markets than by aid believes Ira Millstein, senior partner at Weil, Gotschal & Manges. More >>

Active investor strategies
Calpers CIO says governance good for returns

The motivation for being an active investor and the strategies for engagement were debated at the ICGN conference.

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Global governance regime
Good disclosure key to good governance

Congressman Michael Oxley, one half of the duo that worked to push through the Sarbanes-Oxley Act that was put into US law in 2002, underlined how crucial it was at the time. More >>

ICGN policies
Revised global governance principles approved

The ICGN's revised statement on global corporate governance principles were approved at the organisation's annual meeting. More >>

Governance in brief.....

CIBC settles over mutual fund market timing

The Canadian Imperial Bank of Commerce (CIBC) has reached settlements with the US Securities and Exchange Commission (SEC) and the New York Attorney General’s Office regarding CIBC’s activities on behalf of hedge funds that engaged in improper mutual fund market timing.  More >>

Academic Roundup

Manifest-I presents a summary of recently released academic papers on international corporate governance issues. More >>

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Corporate Social Responsibility

BITC awards for excellence
BHP Billiton takes company of the year title

Australian-headquartered resources company BHP Billiton, won this year’s company of the year title – the top prize at the Business in the Community National Awards for Excellence. .
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CSR in brief.....

Health and Safety Performance Index launched

Institutional investors and other stakeholders are being urged to encourage companies to submit their health and safety performance to scrutiny through the Corporate Health and Safety Performance Index (CHaSPI) launched last month by the UK's Health and Safety Executive. More >>