Minority Oppression in UK Law

Leading Cases
  • Re British Aviation Insurance Company Ltd
    • Chancery Division
    • 21 Julio 2005

    It is necessary to ensure not only that those whose rights really are so dissimilar that they cannot consult together with a view to a common interest should be treated as parties to distinct arrangements—so that they should have their own separate meetings—but also that those whose rights are sufficiently similar to the rights of others that they can properly consult together should be required to do so; lest by ordering separate meetings the court gives a veto to a minority group.

  • Re Hawk Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 23 Febrero 2001

    As I have indicated, I would have regarded it as self-evident, in the absence of authority, that the relevant question at the outset is: between whom is it proposed that a compromise or arrangement is to be made? Are the rights of those who are to be affected by the scheme proposed such that the scheme can be seen as a single arrangement; or ought the scheme to be regarded, on a true analysis, as a number of linked arrangements?

    In each case the answer to that question will depend upon analysis (i) of the rights which are to be released or varied under the scheme and (ii) of the new rights (if any) which the scheme gives, by way of compromise or arrangement, to those whose rights are to be released or varied.

    it is necessary to ensure not only that those whose rights really are so dissimilar that they cannot consult together with a view to a common interest should be treated as parties to distinct arrangements – so that they should have their own separate meetings – but also that those whose rights are sufficiently similar to the rights of others that they can properly consult together should be required to do; lest by ordering separate meetings the court gives a veto to a minority group.

  • Re Harmer (H. R) Ltd
    • Court of Appeal
    • 17 Noviembre 1958

    Members are entitled to expect that their board shall perform its functions as a board and that the proceedings of the directors shall be carried out in a normal and orthodox manner. They are entitled to the benefit of the collective experience of the directors and to expect that the directors and each of them can freely express their views at board meetings and that regard shall be had to what they say and to resolutions properly passed.

  • Meyer v Scottish Co-operative Wholesale Society
    • House of Lords
    • 24 Julio 1958

    But I cannot think that where directors, having power to do something to save a company, lie back and do nothing, they are not conducting the affairs of the company, perhaps foolishly, perhaps negligently, perhaps with some ulterior object in view. It suggests, to my mind, as I said in Elder v. Elder and Watson 1952 S.C. 49, a lack of probity and fair dealing in the affairs of a company to the prejudice of some portion of its members.

    One of the most useful orders mentioned in the section—which will enable the Court to do justice to the injured shareholders—is to order the oppressor to buy their shares at a fair price: and a fair price would be, I think, the value which the shares would have had at the date of the petition, if there had been no oppression. The section gives a large discretion to the Court and it is well exercised in making an oppressor make compensation to those who have suffered at his hands.

See all results
Legislation
  • Companies Act 1947
    • UK Non-devolved
    • 1 de Enero de 1947
    ...... . S-9 . Alternative remedy to winding up in cases of oppression. 9 Alternative remedy to winding up in cases of oppression. . (1) Any ... of the principal Act (which limits the time allowed a dissenting minority for applying to the court to cancel a variation of the rights attaching to ......
See all results
Books & Journal Articles
  • THE OPPRESSION OF MINORITY SHAREHOLDERS
    • Núm. 35-2, Marzo 1972
    • The Modern Law Review
  • Linguistic Hegemony and Minority Resistance
    • Núm. 29-3, Agosto 1992
    • Journal of Peace Research
    On the one hand, cultural differences in the contemporary world seem to vanish rapidly. This is effected through homogenizing processes of economic and political integration into nation-states and ...
  • Pre-Emptive Democracy: Oligarchic Tendencies in Deliberative Democracy
    • Núm. 56-1, Marzo 2008
    • Political Studies
    This article examines oligarchic tendencies within institutionalised deliberative democracy in theory and practice. Institutional deliberative democracy consists of deliberations within an institut...
    ...... of a majority to match those of an interested minority" through its control and manipulation of the deliberative process.\xC2"... of deliberative democracy is to overcome domination and oppression......
  • Responsiveness – To Whom? Why the Primacy of the Median Voter Alienates Minorities
    • Núm. 65-3, Octubre 2017
    • Political Studies
    Many see responsiveness towards the majority as sufficient for democracy because no other policy position receives more support. By contrast, I argue that the primacy of the majority is normatively...
    ...... of the majority but must also protect minorities against  oppression by the majority population. These two goals are difficult to ... of a democracy by decreasing the political support of minority groups. The  empirical analyses with 28 minority groups confirm the ......
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT