Litigation culture and the new statutory derivative claim

Arsalidou, Demetra ORCID: https://orcid.org/0000-0002-8057-624X 2009. Litigation culture and the new statutory derivative claim. The Company Lawyer 30 (7) , pp. 205-210.

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Abstract

Reflects on the statutory derivative claims introduced by the Companies Act 2006 Pt 11, and whether the courts will be able to restrict the growth of shareholder actions against directors. Discusses the dangers of a litigation culture emerging under the provisions, the scope of the shareholders' derivative claims, and the approach adopted by the Chancery Division in Mission Capital Plc v Sinclair and Franbar Holdings Ltd v Patel to the mechanisms for refusing permission to proceed with actions, including the availability of relief under s.994 for unfairly prejudicial conduct.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Uncontrolled Keywords:	Derivative actions; Directors' liabilities; Permission hearings; Shareholders' rights; Unfairly prejudicial conduct
Publisher:	Sweet and Maxwell
ISSN:	0144-1027
Last Modified:	18 Oct 2022 14:02
URI:	https://orca.cardiff.ac.uk/id/eprint/16290

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