Minority Oppression in UK Law
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Re British Aviation Insurance Company Ltd
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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.
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Re Hawk Insurance Company Ltd
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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.
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Re Harmer (H. R) Ltd
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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.
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Meyer v Scottish Co-operative Wholesale Society
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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.
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Companies Act 1947
... ... Minorities ... Alternative remedy to winding up in cases of oppression. 9 Alternative remedy to winding up in cases of oppression ... (1) ... 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 ... ...
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Marshall Charity Act 1855
... ... my said u Feoffees, their Heires and Assignes, shall, duringe the Minority of " my said Issue, let the said House, with the Appurtenances thereof, " ... for some Years then last past nor could be raised without great Oppression of the Inhabitants, so that the Minister had not then received for several ... ...
- THE OPPRESSION OF MINORITY SHAREHOLDERS
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The right of minority-refugees to preserve their cultural identity: An intersectional analysis
While UN treaty bodies have sought to address forms of oppression resulting from the intersection of gender, race and/or disability through their practice, they rarely recognise the experience of g...... ... Abstract While UN treaty bodies have sought to address forms of oppression resulting from the intersec- tion of gender, race and/or disability through their practice, they rarely recognise the experience of groups at the ... ...
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Linguistic Hegemony and Minority Resistance
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 ...
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Pre-Emptive Democracy: Oligarchic Tendencies in Deliberative Democracy
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 ... ...
- Myers v Kestrel The Limits Of The Doctrine Of Minority Oppression
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Myers v Kestrel The Limits Of The Doctrine Of Minority
... ... This Client Alert highlights some recent key case law relating to the protection of dissenting creditors using the doctrine of minority oppression. It also discusses a more recent case, where a judge declined to use this doctrine ... This Client Alert highlights some recent key case law ... ...
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Bond Consent Solicitation Payments - Court of Appeal Upholds Judgment in Azevedo & Another v Imcopa
In summer 2012, two important judgments were handed down on cases relating to bond consent solicitations. Although the consent solicitation techniques proposed by the debtor companies in each case ...
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Amending Drag-Along Rights In A Company's Articles
... ... These arise because the power of the majority to bind a minority will not, without clear words, be taken to have been intended to be ... shareholders or some of them, provided "it does not amount to oppression of the minority or is otherwise unjust or outside the scope of the power" ... ...