Foss v Harbottle
| Jurisdiction | England & Wales |
| Judgment Date | 25 March 1843 |
| Date | 25 March 1843 |
| Court | High Court of Chancery |
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956 cases
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Ronald Rowe v Sunshine Developers Ltd et Al
...feels that the company is being disadvantaged the proper claimant with the right to sue is the company. She relied on the rule in Foss v Harbottle (1843) 2 Hare 461 in which a shareholder by himself or herself cannot complain about a wrong done to the company by the directors however legit......
- Thomas v National Union of Mineworkers (South Wales Area)
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Cabvision Ltd v Feetum and Others
...GROUNDS OF APPEAL 49 By ground 1 of its grounds of appeal, CV raises the status issue once again, contending that the rule in Foss v. Harbottle (1843) 2 Hare 461 applies to a limited liability partnership, and that none of the recognised exceptions to that rule is applicable in the instant ......
- Heyting v Dupont
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24 firm's commentaries
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Ontario Court Of Appeal Summaries (April 18-21, 2017)
...Torts, Fraudulent Misrepresentation, Deceit, Unlawful Conspiracy, Corporations, Derivative Actions, The Rule in Foss v. Harbottle (1843), 67 E.R. 189, Directors, Duties, Fiduciary Shtaif decided to start a company called Euro Gas in which he would acquire undervalued Russian oil and gas com......
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Derivative Litigation: Recent High Court Decision Indicates Continued Significance Of The Common Law Derivative Action
...person who is not a member but to whom shares in the company have been transferred or transmitted by operation of law." 4 Foss v Harbottle 67 E.R. 189 (1843) 2 Hare 461 5 Prudential Assurance Co. Ltd. v Newman Industries Ltd. and Others (No. 2) [1982] Ch. 204 6 For example, a statutory deri......
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High Court Strikes Out Shareholders' Claim Barred By The Reflective Loss Rule
...To allow otherwise, would subvert the rule that no shareholder can bring a claim on behalf of the company (as per Foss v Harbottle (1843) 2 Hare 461). With the above in mind, the High Court considered that the claimants had to show that Motoriety had not suffered the same loss. In fact, the......
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Overcoming Majority Rule: The Minority Oppression Remedy In Bermuda
...to exit for value from shareholding positions which have become untenable due to the oppressive conduct of the majority. Footnotes 1 (1843) 2 Hare 461. 2 Succeeded by section 459 of the Companies Act 2006 3 Annuity & Life Re v Kingboard et al [2015] SC (Bda) 76 Com at paragraphs 18-25. ......
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101 books & journal articles
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DISCLOSURE OF THE COMPANY'S PRIVILEGED DOCUMENTS TO SHAREHOLDERS AS AN APPLICATION OF JOINT INTEREST PRIVILEGE
...to avoid breach of duty when the advice received was wrong). 151 See para 56 above. 152 Green v Walkling [2008] 2 BCLC 332 at [34]. 153 (1843) 2 Hare 461; 67 ER 189. Walter Woon on Company Law (Tan Cheng Han SC ed) (Singapore: Sweet & Maxwell, 3rd Ed, 2009) at para 2.46. 154 (1888) 57 LJ Ch......
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SOME CURRENT ISSUES IN SINGAPORE CORPORATE LAW
...of Papua New Guinea v PNG Sustainable Development Program Ltd [2016] 2 SLR 366 at [47]. 44 In which case the rule in Foss v Harbottle (1843) 2 Hare 461 would apply to preclude a personal action by a member. 45 Such as whether or the extent to which a company's lien over its shares should be......
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Duties
...to bring proceedings in the name and on behalf of the LLP (see further 9.3.1). The application of s 994 may be 38 See Foss v Harbottle (1843) 2 Hare 461. 74 Partnership and LLP Law excluded by members of an LLP if they do so unanimously and record this in writing (and this is common practic......
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Contract formation
...318 Suncorp Metway Insurance Ltd v Owners Corporation SP 64487 [2009] NSWCa 223 at [53], per Sackville aJa. 319 Foss v Harbottle (1843) 2 hare 461 [67 Er 189]; Johnson v Gore Wood & Co [2002] 2 aC 1 at 34–36, per Lord Bingham, at 61–62, per Lord Millett; Waddington Ltd v Chan Chun Hoo (2008......
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