Oppression of Shareholders in UK Law
Leading Cases
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Meyer v Scottish Co-operative Wholesale Society
... ... be successfully invoked, to show not only that there has been oppression of the minority shareholders of a company but also that it has been the ... ...
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Johnson v Gore Wood & Company (A Firm)
... ... 's creditors are not prejudiced by the action of individual shareholders and ensure that a party does not recover compensation for a loss which ... the same purpose: to bring finality to litigation and avoid the oppression of subjecting a defendant unnecessarily to successive actions. While the ... ...
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William Kurt Wallersteiner (Plaintiff Appellant) M. J. G Moir (Defendant Respondent) M. J. G Moir (Plaintiff on counterclaim) William Kurt Wallersteiner Hartley Baird Ltd and Another (Defendants on counterclaim)
... ... He raised the matter at shareholders' meetings, but was abruptly cut off. The only way in which I he has been ... minority shareholders were discouraged from bringing fraud or oppression to light and seeking a remedy for fear of being beggared by costs. It is ... ...
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Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
... ... on the petition of the Appellant who is one of the three shareholders, the personal Respondents being the other two. The company is a private ... The petition contained allegations of oppression and misconduct against Mr. Nazar which were fully explored at the hearing ... ...
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Legislation
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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) ... S-11 ... Acquisition of shares of shareholders dissenting from scheme or contract approved by majority. 11 Acquisition ... ...
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Companies Act 1948
... ... between the shareholders in the amounts and ... times of payment of calls on their shares; ... ) ... Minorities ... Alternative remedy to winding up in cases of oppression. 210 Alternative remedy to winding up in cases of oppression ... (1) ... ...
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General Police and Improvement (Scotland) Act 1862
... ... or their own Benefit, or for the Benefit of Proprietors or Shareholders, and except Sewers and Drains made and used for the Purpose of draining, ... of Execution, unless on the Ground of Corruption, Malice, or Oppression on the Part of the Magistrate, or of such Deviations in point of Form from ... ...
- Companies Act 1967
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Books & Journal Articles
- THE OPPRESSION OF MINORITY SHAREHOLDERS
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Company Law–‐Opposing Oppression
... ... granting relief under section 210 of the Companies Act, 1948, which provides shareholders with a novel remedy against oppression. This is the first reportedS case in England of a successful application under ... ...
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Shareholders: Majority Rule and Minority Rights under Bermuda Company Law
... ... 176 Requisitioned meetings 177 Election and removal of directors 179 Minority shareholders’ remedies at common law 181 Statutory oppression remedy 184 Conclusions 189 ... Minority shareholders have a lot of rights in theory; the problem in practice is enforcing them. The cost of doing ... ...
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WCP LTD V Gambotto: An Opportunity for the High Court to Set Some Corporate Law Norms
... ... would be that IEL would be able to compel other shareholders in WCP to sell their shares to it at a price of $1.80 per ... the amendment to the trticles constituted an act of oppression or a fraud of the majority on the minority. At he trial, ... ...
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Law Firm Commentaries
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Myers v Kestrel The Limits Of The Doctrine Of Minority Oppression
... ... Kestrel funded the acquisition largely by issuing unsecured discounted loan notes ("DLNs") to its indirect shareholders - Alchemy and Indigo ... The VLN instrument stated that the VLNs would rank equally with the DLNs and that Kestrel was required to amend the terms ... ...
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Myers v Kestrel The Limits Of The Doctrine Of Minority
... ... of dissenting creditors using the doctrine of minority oppression. It also discusses a more recent case, where a judge declined to use this ... unsecured discounted loan notes ("DLNs") to its indirect shareholders - Alchemy and Indigo ... The VLN instrument stated that the VLNs would ... ...
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Amending Drag-Along Rights In A Company's Articles
... ... in which the courts have considered the power of a company's shareholders to amend a company's articles ... Background ... Mr Arbuthnott was a ... 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" ... ...
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Unnamed principal can sue under arbitration agreement for foreign law remedy
An unnamed disclosed principal of a party to a shareholders’ agreement (SHA) could sue under an arbitration agreement; the tribunal could also order a buy-out of shares of a foreign company, despit...... An unnamed disclosed principal of a party to a shareholders’ agreement (SHA) could sue under an arbitration agreement; the tribunal ... under Cypriot company law in circumstances of shareholder oppression. The court considered s68 to be the more relevant provision under which ... ...
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