Abstract

The Year 2000 Computer Problem, also known as the Millennium Bug and often shortened to y2k problem raises many issues for lawyers. The article focuses on the Company Director`s duty of skill and care. This hitherto virtually unresearched aspect of the problem in the UK may prove to be one of the most important avenues of redress in cases of significant loss by, or even bankruptcy of, UK companies. Equally, this area of Company law is in a state of flux, and the litigation resulting from the y2k problem could provide an impetus to define the future role of the duty. The article briefly discusses the duty, before considering some of the particular characteristics of the y2k problem in relation to the duty. It then deals with the liability of directors who are unaware of y2k, as well as those who are aware but take no action. Finally it discusses the various levels of action which might be defined, in order to determine whether directors have met the Duty. 2

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