Derivative Action in UK Law
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A comparative analysis of derivative action in Cypriot company law: Comparison with English company law and the prospect of statutory reform
This article provides a comparative analysis of derivative action in Cypriot company law and submits some proposals for statutory reform on the basis of English company law. The derivative action i...
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Stepping Stones — from Corporate Fault to Directors' Personal Civil Liability
Several recent cases have seen the courts approving ASIC's employment of a ‘stepping stone’ approach that applies directors‘ statutory duty of care as well as their other statutory duties in a nove...... ... The first 'stepping stone' involves an action against a com pany f o r contravention of the Corporations Act 2001 ... approach is that directors may face a type of derivative civil liability for corporate fault. In this paper we ana lyse the ... ...
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THE THEORY AND POLICY OF SHAREHOLDER ACTIONS IN TORT
... ... and to what extent shareholders might bring a personal action in tort against company officials has not hitherto been ... P brought a derivative action based on the alleged breach of fiduciary duty5 ... ...
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Statutory Derivative Proceedings in Scotland: A Procedural Impasse?
... ... Prior to that date, whilst the law of Scotland was not particularly well-developed, it was clear that a member had the right to raise an action at common law against a director or third party in order to obtain a remedy on behalf of the company.33Orr v Glasgow etc Railway Co (1860) 3 Macq ... ...
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Notes Of Cases
... ... NOTES OF CASES DERIVATIVE ACTIONS AND Foss v. HARBOTTLE SIXTY-NIN,E days of argument ... the ambiguity of the share- holder’s << representative action.” It may be a ‘< true representative ,, claim-a direct, ... ...
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Professor Wedderburn writes
... ... exercising their powers may be liable in a derivative action brought by an individual, commonly minority, ... ...
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Shareholders: Majority Rule and Minority Rights under Bermuda Company Law
... ... 3 See A Reisberg, ‘Funding Derivative Actions: A Re-Examination of Costs and Fees as Incentives to Commence ... 60 Albeit that such action would constitute a breach of contract by the company ... 61 Report of ... ...
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NOTES OF CASES
... ... ] being called to see whether the company desires the action to be brought or not.”6 Moreover, in one notable and much ... by way of “ derivative ” action, when a ‘‘ fraud ” has been committed by ... ...
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Santayanan—Weberian Reason in Administration
The major purpose is to provide a philosophic basis for the study and practice of educational administration. An explicit assumption is that logical, propositional thought is a desirable prelude to...... ... is that logical, propositional thought is a desirable prelude to action. Reason, which is defined as an organic harmony of impulses, is related to ... , administrative practice, or praxe-ology, is portrayed as a derivative of rational thought. Current approaches, including systems analysis and ... ...
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The issue of enforcement in Chinese corporate governance
Purpose: – The purpose of this paper is to discuss two important aspects of enforcement of ethical standards: indirect enforcement, that is the Confucian approach, and common law enforcement. In th...... ... on the board of directors, the oppressionremedy and statutory derivative actions. The authors adopt a comparative study approach and arguethat the ... Incontrast, derivative action is more relevant to the EMS model because it is a mechanismto pursue the ... ...
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