Barrett v Duckett
| Jurisdiction | England & Wales |
| Judgment Date | 1995 |
| Date | 1995 |
| Court | Court of Appeal (Civil Division) |
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71 cases
- Perak Integrated Network Services Sdn Bhd v Urban Domain Sdn Bhd and Another
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Peter Hook v Bernard Sumner and Ors (Defendant/Applicant)
...being generated by the use of the name that it owns. 126 It is not a case in which an ulterior motive is shown, such as was the case in Barrett v Duckett [1995] 1 BCLC 243, where there was an objective to further a family dispute. Nor is there any collateral advantage being sought in relati......
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Oisin Fanning v Brendan Murtagh and Others
...YUROE BROADBAND LTD DEFENDANTS COMPANIES ACTS 1963 TO 2006 S205 RSC O.19 r28 WALLERSTEINER v MOIR (NO 2) 1975 QB 373 BARRETT v DUCKETT 1995 1 BCLC 243 FOSS v HARBOTTLE 1843 2 HARE 461 MORSE CHARLESWORTH'S COMPANY LAW 17ED 2005 BIALA PTY v MALLINA HOLDINGS LTD 1993 11 ACSR 785 MOYLAN v IRISH......
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Iesini v Westrip Holdings Ltd
...approach was followed by Lawrence Collins J in Konamaneni v Rolls Royce Industrial Power (India) Ltd [2002] 1 WLR 1269. Likewise in Barrett v Duckett [1995] 1 BCLC 243 Peter Gibson LJ said: “The shareholder will be allowed to sue on behalf of the company if he is bringing the action bona fi......
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1 firm's commentaries
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Statutory Derivative Claim Regime: Ten Years On
...member is acting in good faith. The court must be sure that the member is not motivated purely by personal interest (Barrett v Duckett [1995] 1 BCLC 243). Although, as long as the dominant purpose in bringing the claim is to benefit the company, a member will not necessarily be acting in ba......
3 books & journal articles
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A comparative analysis of derivative action in Cypriot company law: Comparison with English company law and the prospect of statutory reform
...has no such requirement. Regarding the common law derivative action per the exceptions to the rule in Foss, seeBarrett v. Duckett [1995] 1 BCLC 243; compare GRS Professional Recruitment Services Limited ν. Red HarbourLimited CY:EDLEM:2017:A263.136. G. Zouridakis, Shareholder Protection Reco......
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Statutory Derivative Proceedings in Scotland: A Procedural Impasse?
...2003 SLT (News) 73; R Goddard, “Shareholder remedies in Scotland: Anderson v Hogg” (2003) 7 EdinLR 93. In terms of Barrett v Duckett44[1995] BCC 362 at 367 per Peter Gibson LJ. and Rule 19.9(3) of the Civil Procedure Rules, where a plaintiff raised a derivative action in the English courts,......
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Judicial construction of the requirement of good faith in section 165(5)(b) of the Companies Act 71 of 2008: Mbethe v United Manganese of Kalahari
...COMPANIES ACT 71 OF 2008An example of the common law approach to determining the presence of an ulterior purpose is Barrett v Duckett [1995] 1 BCLC 243. The case was brought amidst a bitter matrimonial dispute between the plaintiff’s daughter, Carol, and Christopher Duckett (the defendant).......