Non-executive directors and liability issues in the post-higgs era

Discusses the functions and liabilities of non-executive directors (NEDs), both before and after the publication in 2003 of the Higgs Review of their role in maintaining companies' corporate governance, and the subsequent revision of the Combined Code. Considers the implications for NEDs of the Law Commission's proposal that the dual objective and subjective tests of a director's general standard of care and skill should be set out in statute.