Foss v Harbottle
| Jurisdiction | England & Wales |
| Judgment Date | 25 March 1843 |
| Date | 25 March 1843 |
| Court | High Court of Chancery |
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950 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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26 firm's commentaries
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COURT OF APPEAL SUMMARIES (July 6 – 10, 2020)
...for the respondent Keywords: Costs Endorsement Rudan v. Nightwatch Security and Surveillance Inc. (Night Watch Security), 2020 ONCA 457Foss v Harbottle, which prohibits a shareholder from suing for damage caused to the corporation. The Court adopted the test set out in a UK House of Lords d......
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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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105 books & journal articles
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Table of Cases
...28, [1843–60] All ER Rep 16, 9 ER 1002 180 Foskett v McKeown [2000] UKHL 29, [2001] 1 AC 102, [2000] 2 WLR 1299 169 Foss v Harbottle (1843) 2 Hare 461, 67 ER 189 134 Foster Bryant Surveying Ltd v Bryant [2007] EWCA Civ 200, [2007] IRLR 425, [2007] Bus LR 1565 171, 178 Foster v Warblington U......
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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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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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Table of Cases
...Ltd [2000] 1 BCLC 331 36 Fletcher v Voight [2000] BPIR 435 59 Fliptex Ltd v Hogg [2004] EWHC 1280 (Ch), [2004] BCC 870 114 Foss v Harbottle 67 ER 189, (1843) 2 Hare 461 204 Foster Clark Ltd’s Indenture Trusts, Loveland and Others v Horscroft and Others [1996] WLR 125 252 Table of Cases xxix......
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