Derivative Action in UK Law

  • Universal Project Management Services Ltd v Fort Gilkicker Ltd and Others
    • Chancery Division
    • 26 February 2013
    ... ... This is an application for permission to continue a derivative action. It raises for decision two related legal questions which are not ... ...
  • Roberts v Gill & Company and Another
    • Supreme Court
    • 19 May 2010
    ... ... to whether this is an appropriate case for a representative (or derivative) claim, which was the focus of the judge's decision, and to the ... 14 On January 30, 2003 an order was made staying the action to allow the pre-action protocol to be followed. On March 12, 2003 the ... ...
  • Prudential Assurance Company Ltd (Respondents (Plaintiffs) v (1) Newman Industries Ltd, (Respondents (1st Defendants) (2) Alan Frank Bartlett and Others (Appellants (2nd & 3rd Defendants)
    • Court of Appeal (Civil Division)
    • 31 July 1981
    ... ... In an action by Newman against Mr Bartlett and Mr Laughton for defrauding the company, ... direct action was only pleaded because it was feared that the derivative action might be defeated by the rule in Foss v. Harbottle ... ...
  • William Kurt Wallersteiner (Plaintiff Appellant) M. J. G Moir (Defendant Respondent) M. J. G Moir (Plaintiff on counterclaim) William Kurt Wallersteiner Hartley Baird Ltd and Another (Defendants on counterclaim)
    • Court of Appeal (Civil Division)
    • 29 January 1975
    ... ... which I he has been able to have his complaint investigated is by action in these Courts. And here he has come to the end of his tether. He ... , this type of action has been given the distinctive name of a "derivative action. recognising that its true nature is that the individual member ... ...
  • Giles v Rhind
    • Court of Appeal (Civil Division)
    • 17 October 2002
    ... ... It was alleged in paragraph 9.2 of the statement of claim in the action between Mr Giles and Mr Rhind that part of the confidential information ... as such, though exceptionally he may be permitted to bring a derivative action in right of the company and recover damages on its behalf: see ... ...
  • Lloyd v Google LLC
    • Supreme Court
    • 10 November 2021
    ... ... What is new about the present action is that Mr Lloyd is not just claiming damages in his own right, as the ... Newman Industries Ltd [1981] Ch 229 the claimant brought a derivative action as a minority shareholder of the first defendant company claiming ... ...
  • Konamaneni v Rolls Royce Industrial Power (India) Ltd
    • Chancery Division
    • 2002
    ... ... Company - Shareholder - Rights - Minority shareholder's action - Derivative claim on behalf of foreign company alleging fraud on minority ... ...
  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 December 2000
    ... ... The first is Mr. Johnson, the plaintiff in the action, who appeals against a decision of the Court of Appeal dismissing the ... and others (No. 2) [1982] Ch. 204 at 210 : "A derivative action is an exception to the elementary principle that A cannot, as a ... ...
  • Prudential Assurance Company Ltd v Newman Industries Ltd
    • Chancery Division
    • 1979
    ... ... Vinelott J ... Practice - Parties - Representative action - Adoption of resolution at extraordinary general meeting - Allegation by ... to meeting - Shareholder suing in personal capacity and in derivative action - Allegations against directors of conspiracy and breach of duty - ... ...
  • McDonald v Horn
    • Court of Appeal (Civil Division)
    ... ... Initially the plaintiffs' action was financed by their trade union but in due course that support was ... there was a close parallel between a minority shareholder's derivative action for damages on behalf of a company and proceedings by a pension ... ...
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