Section 238 (Right of member to inspect and request copy) of the 2006 Act
provides:
(1) Every copy or memorandum required to be kept by a company under section 237 must be open to inspection by any member
of the company without charge.
(2) Any member of the company is entitled, on request and on payment of such fee as may be prescribed, to
be provided with a copy of any such copy or memorandum.
The copy must be provided within seven days after the request is received by the
company.
(3) If an inspection required under subsection (1) is refused, or default is made in complying with subsection (2), an
offence is committed by every officer of the Company who is in default.
(4) A person guilty of an offence under this section is liable on
summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding
one-tenth
of level 3 on the standard scale.
(5) In the case of any such refusal or default the court may by order compel an immediate inspection or, as the case may be, direct that the
copy required be sent to the person requiring it.
Section 1157 (Power of court to grant relief in certain cases) of the 2006
Act provides:
(1) If in proceedings for negligence, default, breach of duty or breach of trust against
(a) an officer of a company, or
(b) a person employed by a company as auditor (whether he is or is not an officer of the company),
it appears to the court hearing the case that the officer or person is or may be liable but that he acted honestly and reasonably, and that
having regard to all the circumstances of the case (including those connected with his appointment) he ought fairly to be excused, the court may relieve him, either wholly or in part, from his liability on such terms as it thinks fit.
(2) If any such officer or person has reason to apprehend that a claim will or might be made against him in respect of negligence, default,
breach of duty or breach of trust
(a) he may apply to the court for relief, and
(b) the court has the same power to relieve him as it would have had if it had been a court before which proceedings against him for
negligence, default, breach of duty or breach of trust had been brought.
(3) Where a case to which subsection (1) applies is being
tried by a judge with a jury, the judge, after hearing the evidence, may, if he is satisfied that the defendant (in Scotland, the defender) ought in pursuance of that subsection to be relieved either in whole or in part from the liability sought to
be enforced against him, withdraw the case from the jury and forthwith direct judgment to be entered for the defendant (in Scotland, grant decree of absolvitor) on such terms as to costs (in Scotland, expenses) or otherwise as the judge may think
proper.
In addition, Barclays PLC has procured directors and officers liability insurance, for the benefit of its directors
and officers against suit by third parties. The terms and extent of such coverage are reviewed annually.
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