Derivative Action in UK Law

  • Stepping Stones — from Corporate Fault to Directors' Personal Civil Liability
    • Núm. 40-2, Junio 2012
    • Federal Law Review
    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 ......
  • THE THEORY AND POLICY OF SHAREHOLDER ACTIONS IN TORT
    • Núm. 50-4, Julio 1987
    • The Modern Law Review
    ...... P brought a derivative action based on the alleged breach of fiduciary duty5 and also a representative personal action6 seeking a ......
  • Statutory Derivative Proceedings in Scotland: A Procedural Impasse?
    • Núm. , Junio 2009
    • Edinburgh Law Review
    • 511-516
    ......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 ......
  • Notes Of Cases
    • Núm. 44-2, Marzo 1981
    • The Modern Law Review
    ...... NOTES OF CASES DERIVATIVE ACTIONS AND Foss v. HARBOTTLE SIXTY-NIN,E days of argument ......
  • Professor Wedderburn writes
    • Núm. 33-3, Mayo 1970
    • The Modern Law Review
    ...... exercising their powers may be liable in a derivative action brought by an individual, commonly minority, ......
  • Santayanan—Weberian Reason in Administration
    • Núm. 7-1, Enero 1969
    • Journal of Educational Administration
    • 45-56
    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 ......
  • NOTES OF CASES
    • Núm. 39-3, Mayo 1976
    • The Modern Law Review
    ...... starting point for authority to control corporate actions is the general meeting of shareholders. But modern articles ... by way of “ derivativeaction, when a ‘‘ fraud ” has been committed by ......
  • RATIFICATION OF THE DIRECTORS’ ACTS: AN ANGLO‐AUSTRALIAN COMPARISON
    • Núm. 41-2, Marzo 1978
    • The Modern Law Review
    ...... on the question of the ratification of directors’ actions, particularly in the case of share issues, whether the issue ...” The early authorities tad to establish that a “ derivativeaction can only be brought where the fraud on the ......
  • NOTES OF CASES
    • Núm. 41-5, Septiembre 1978
    • The Modern Law Review
    ...... ratification), allow for a minority [share- holder’s] action in spite of the rule in Foss v. Harbottle.” ’ Since ... personally (since no duty is owed to them) or in a derivative action (which is confined to acts done either ultra vires or by ......
  • Managing corporate risk and achieving internal control through statutory compliance
    • Núm. 20-1, Diciembre 2012
    • Journal of Financial Crime
    • 25-38
    Purpose: The objective of this paper is to encourage compliance amongst the corporate community and to examine how statutory provisions will assist companies to implement internal control mechanism...
    ...... management and the chief executiveofficer, in ensuring that all actions are for the a proper purpose and in good faith in thebest interest of the ... not only accordsrecognition to the principles of common law on derivative actions, it also attempt toenhance the remedies available to minority ......
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