Prudential Assurance Company Ltd (Respondents (Plaintiffs) v (1) Newman Industries Ltd, (Respondents (1st Defendants) (2) Alan Frank Bartlett and Others (Appellants (2nd & 3rd Defendants)
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE CUMMING-BRUCE |
| Judgment Date | 31 July 1981 |
| Judgment citation (vLex) | [1981] EWCA Civ J0731-9 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | 81/0382D |
| Date | 31 July 1981 |
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406 cases
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Walker v Stones
...and, thirdly, the relevance of the doctrine expounded by the Court of Appeal in Prudential Assurance Co Ltd v. Newman Industries Ltd [1982] Ch. 204. I shall begin by considering the first two of these three issues [which I have stated in ascending order of importance). The Prudential Assura......
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Latin American Investments Ltd v Maroil Trading Inc. (a company incorporated in Panama) and Another
... ... incorporated in Panama) Defendants/Respondents ... And Between: ... me to Madoff Securities v Raven and others [2012] 2 AER (Comm) 634 at paragraph 145 where ... So much is clear from Prudential , particularly at pages 222–3, Heron ... the diminution in the value of the plaintiffs' shares was by definition a personal loss and not ... of the "general rule" in Prudential Assurance v Newman Industries [1982] 1 Ch. 204 at p.201 ... ...
- Perak Integrated Network Services Sdn Bhd v Urban Domain Sdn Bhd and Another
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Mr Waleed Abouraya (suing on behalf of himself and all other shareholders in the Second Defendant other than the First Defendant) v Ms Anja Sigmund and Others
...of these principles is contained in the judgment of the Court of Appeal in Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] Ch 204, which repeated and built on the statement of principle contained in the earlier decision of the Court of Appeal in Edwards v Halliwell [1950] ......
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11 firm's commentaries
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Hedge Fund Fraud: An English Law Perspective On The Potential Exposure Of Prime Brokers
...17 [1995] 3 All ER 918. 18 [1997] 1 WLR 1396. 19 [2003] EWHC 1319 (Ch). 20 Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] 1 All ER 354, CA. Th e shareholder will require court permission to issue such proceedings. Th e test for granting permission is whether a reasonable ......
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Derivative Litigation: Recent High Court Decision Indicates Continued Significance Of The Common Law Derivative Action
...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 derivative action can be brought for breach of directors' duties arising from negligence. 7 or non-members to whom ......
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High Court Strikes Out Shareholders' Claim Barred By The Reflective Loss Rule
...and distinct" losses from that of Motoriety. However, the High Court noted that, as per Prudential Assurance Co v Newman Industries Ltd [1982] 1 Ch 204, shareholders may not recover a loss caused to the company by breach of the duty owed to the company. To allow otherwise, would subvert the......
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Court Of Appeal Confirms Reflective Loss Rule Will Bar Claims Of Former Shareholders Of A Dissolved Company Because The Principle Must Be Determined At Time Of Alleged Loss
...drew the following points from its review of the authorities, in particular Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] Ch 204, Johnson v Gore Wood & Co [2000] UKHL 65, Marex, Primeo, Allianz Global Investors GmbH v Barclay Bank plc [2002] EWCA Civ 353, and The reflect......
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18 books & journal articles
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International Multiple Derivative Actions.
...and Proof in Corporate Litigation, in COMPANY LAW IN CHANGE, supra at 1-2. (32.) See Prudential Assurance Co. Ltd. v. Newman Indus. Ltd. [1982] Ch 204 at 219 (Eng.) ("If, upon such an application, the plaintiff can require the court to assume as a fact every allegation in the statement of c......
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Table of Cases
...(C.A.) ..................................................................................73– 74 Foss v. Harbottle (1843), 2 Hare 461, [1982] 2 W.L.R. 31...................................... 130 Frame v. Smith, [1987] 2 S.C.R. 99 ...................................................................
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Companies and Close Corporations
...two questions, without irre soluble circularity. First, what obligation 153 Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] 1 Ch 204 (CA). © Juta and Company (Pty) COmpANIES ANd CLOSE CORpORATIONS 205https://doi.org/10.47348/YSAL/v1/i1a4arises from the cont ravention that ......
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Bibliografie
...Re (1986) 2 BCC 99,352Prudential Assurance Co Ltd v Newman Industries (No 1) [1981]Ch 229, (No 2) [1981] Ch 257; [1980] 2 All ER 841, [1982] Ch 204(CA)Puddephatt v Leith [1916] 1 Ch 200Quickdome Ltd, Re (1988) 4 BCC 296R A Noble & Sons (Clothing) Ltd, Re [1983] BCLC 273Ringtower Holdings pl......
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