Minority Oppression in UK Law

  • Myers v Kestrel – The Limits Of The Doctrine Of Minority Oppression
    • Mondaq UK
  • Myers v Kestrel – The Limits Of The Doctrine Of Minority
    • Mondaq UK
    ......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 ......
  • Bond Consent Solicitation Payments - Court of Appeal Upholds Judgment in Azevedo & Another v Imcopa
    • JD Supra United Kingdom
    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 ...
    ...... a class are given power to bind minorities” and added that “oppression of a minority is of the essence of exit consent of this kind, and it is ......
  • Amending Drag-Along Rights In A Company's Articles
    • Mondaq UK
    ......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". ......
  • "Rewards and Penalties in Bond Covenant Consent Solicitations Under English Law"
    • JD Supra United Kingdom
    Two recent cases decided in the English High Court provide contrasting views about rewards offered to holders who vote in favor of amendments to the terms of bonds or loan notes (we will refer to “...
    ...... threat which the issuer invites the majority to levy against the minority, nothing more or less. Its only function is the intimidation of a ....” He went on to say “Putting it as succinctly as I can, oppression of the minority is of the essence of exit consents, and it is precisely ......
  • UK Corporate Briefing: Issue 2 - Summer 2015
    • Mondaq UK
    .......  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". ......
  • UK Corporate Briefing - Summer 2015
    • JD Supra United Kingdom
    Legislation update - Bearer shares banned - The first of the corporate transparency provisions in the Small Business, Enterprise and Employment Act 2015 c...
    .......  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". ......
  • The Cooperative Bank’s Restructuring – will this be a case of lessons learned?
    • JD Supra United Kingdom
    The UK’s bank regulatory and insolvency law structures were unprepared for the global financial crisis. As a result, the UK government’s response to intense bank stress in the immediate aftermath o...
    ...... a class are given power to bind minorities” and added that “oppression of a minority is of the essence of exit consent of this kind, and it is ......
  • Dior Savaged For Cultural Appropriation
    • Mondaq UK
    ......An advertiser wants to make reference to a minority group and therefore consults with people who purport to be representatives ... altogether, particularly of groups that have faced centuries of oppression. The content of this article is intended to provide a general guide to ......
  • Insurance And Reinsurance
    • Mondaq United Kingdom
    ......Oppression and Whistleblowing. Issues arising out of the collapse of a company called ... to a new right of action for breach of duty by directors for minority shareholders. . It remains to be seen whether this is brought into future ......
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