Oppression of Shareholders in UK Law
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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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Court Denies Security For Costs To Protect Claimants
... ... Where an order for security for costs might result in the oppression of a claimant, meaning that the claimant would be forced to abandon a ... , had limited assets, were unlikely to raise funds from the shareholders, and faced difficulty in financing the proceedings. Also, the first ... ...
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Directors & Officers In An Era Of Insolvency
... ... duty of a director is owed to the corporation, as opposed to shareholders or creditors. While the company is solvent, the interests of shareholders ... losses and inform creditors, they may face a statutory "oppression" claim Preferential payments to one creditor as opposed to another when ... ...
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Black History Month: The Responsibility Of The Global Corporation
... ... Behind it is a history of imperialism, capitalism, oppression and ... neglect, driven by corporate profit ... Okpabi v Shell ... The ... repatriated to the shareholders of RDS, the people of the Niger ... Delta have struggled and suffered what ... ...
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UK Corporate Briefing: Issue 2 - Summer 2015
... ... The power of a company's shareholders to change drag-along rights in the company's articles of association ... 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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How The Flexibility Of English Common Law Can Encourage Good Judgment
... ... in a civilised society will strive to find a means which avoids oppression ... It is notable that Soma did all it could to present its plight as ... , including publicly quoted ones, the consequences for shareholders of long investigations where there may in fact be no criminal conduct ... ...
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UK Corporate Briefing - Summer 2015
Legislation update - Bearer shares banned - The first of the corporate transparency provisions in the Small Business, Enterprise and Employment Act 2015 came into force on 26 May 2015 wi...... ... Case law update ... The power of a company's shareholders to change drag-along rights in the company's articles of association ... ... 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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