Johan du Toit SC

2008 SC: 2006

Selborne Chambers
10 Essex Street
London WC2R 3AA
Email Johan du Toit SC
0207 420 9500

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Johan is a South African silk (2006) who practised full time at Selborne Chambers 2008-2013

In a career spanning more than 40 years he handled complex high profile cases in South Africa and England. Having practised both in England and South Africa and written on the law of both jurisdictions, he is uniquely equipped to apply an integrated practical and theoretical knowledge of South African and English Company Law in the UK, South Africa and many sub-Saharan African countries.

This theoretical and practical experience found expression through several publications in respected law journals, but particularly by co-authoring the second edition of ‘Shareholder Actions’ (Bloomsbury Professional, December 2017) stating the law in England, Australia, Canada and South Africa as at 1 November 2017 – a seminal work on directors’ duties and liabilities and concomitant shareholder rights.

He acted on behalf of major organisations in various disciplines amongst which financial markets, resources/mining, agriculture, investment, insurance, education, local government, pharmaceutical and construction. He appeared in more than 50 South African reported judgments; more than 20 of them having been referred to in more than 18 textbooks and other works of reference; considerably more than 50 references were made to these in subsequent judgments.

In England, between 2010-2013, he performed comprehensive preparatory work for a class action on behalf of the only group of Lloyds TSB shareholders in the UK and the USA pursuing claims for damages against the directors of Lloyds TSB on grounds of alleged misleading information provided in a prospectus and circular motivating shareholder approval for the takeover of HBOS in late 2008. It involved a wide range of complex company law and governance issues and establishing the facts. The matter has been recognised as one of the top 20 most high-profile cases heard in 2017 in the UK. Judgment pending.

Articles

  • Du Toit, March 2018 ‘Speak up or perish: a lesson in corporate governance’ LinkedIn.
  • Du Toit, December 2017 ‘Beware of Shadow Directors; shadow directors beware’ Without Prejudice 2017 Vol 17 no 11 p8. This article specifically speaks to the duties of SOE/SOC directors.
  • Du Toit, October 2017 ‘Fiduciary Duty towards shareholders?’ Without Prejudice Vol 17 no 9 p8.
  • Du Toit, April 2014 ‘Just and Equitable Winding Up of Solvent Companies Without Prejudice Vol 14 No 3 p18.
  • Du Toit, Feb 2013 ‘Linking Up’, Litigation Funding Magazine (UK).
  • Du Toit, 2012 ‘In the wake of the Facebook flotation: do Investment Banks owe a duty of care to Shareholders of the Companies they are advising?2012 Journal of International Banking and Finance Law, at 417 (international).

Books

Charman & Du Toit – Shareholder Actions, Bloomsbury Professional. Second Edition published on 21 December 2017 (first edition 2013). A comprehensive guide of the law of England and Wales to the duties of directors and the possible actions shareholders may be entitled to pursue to protect their rights, described in a review as ‘a valuable work that is highly recommended’. Contains a new chapter written by me dedicated to the position in South Africa on these topics which the reviewer labelled as ‘a very good overview’.