Smith v Croft

JurisdictionEngland & Wales
Date1986
CourtChancery Division
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46 cases
  • Gayle (Maxwell) and Others v Desnoes and Geddes Ltd and Others
    • Jamaica
    • Supreme Court (Jamaica)
    • 28 July 2006
    ...make a Wallersteiner order in a pension fund case should, in my view, be exercised with considerable care. The judgment of Walton J. in Smith v. Croft [1986] 2 All E.R. 551....contains a useful reminder of the dangers of too easily making orders which allow minority shareholders to litigat......
  • Franbar Holdings Ltd v Patel and Others
    • United Kingdom
    • Chancery Division
    • 2 July 2008
    ...the basis that it could not show that an interim order was genuinely needed in accordance with the principles considered by Walton J. in Smith v. Croft [1986] 1WLR 580. 5 Before expressing my conclusions on the application for permission to continue the derivative claim I should say a littl......
  • Re British & Commonwealth Holdings Plc (No 2)
    • United Kingdom
    • House of Lords
    • 29 October 1992
  • Certain Ltd Partners in Henderson PFI Secondary Fund II LLP (A Firm) v Henderson PFI Secondary Fund II LP (A Firm)and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 16 November 2012
    ...of costs out of the fund up to a later point in the proceedings, such as disclosure, whereupon the position could be re-evaluated. 74 In Smith v Croft [1986] 1 WLR 580 at 597, Walton J expressed the need to hold the balance as fairly as possible between claimants and defendants in a minorit......
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2 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Watson-Gandy On Corporate Insolvency Practice - 2nd Edition Contents
    • 29 August 2017
    ...Insurance plc v Improvement Services Ltd [1986] 1 WLR 114, [1986] PCC 204, [1986] BCLC 26, ChD 13 Coulson Sanderson & Ward Ltd v Ward (1986) 2 BCC 99, (1985) Financial Times , 18 October, CA 69 Debtor (No 544/SD/98), Re; sub nom Garrow v Society of Lloyd’s [2000] 1 BCLC 103, [2000] CLC 241,......
  • Costs orders, obstacles and barriers to the derivative action under section 165 of the Companies Act 71 of 2008 (Part 1)
    • South Africa
    • South Africa Mercantile Law Journal No. , May 2019
    • 25 May 2019
    ...withthe essential nature of the derivative action. The plaintiff shareholder65Supra note 62 at 403–4.66Idem at 392.67Idem at 391–2.68[1986] 2 All ER 551.DERIVATIVE ACTION 17© Juta and Company (Pty) litigates not for himself, but on behalf of and for the direct benef‌it of thecompany. Not ev......

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