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Shareholder Actions

Autor HHJ Andrew Charman, Johan Du Toit
en Limba Engleză Hardback – 6 feb 2022
Shareholder Actions is a comprehensive guide to the possible actions shareholders may be entitled to pursue, onwhichever side of the dispute they might be involved. As well as unfair prejudice and derivative actions, and the many personal actions arising from the Companies Act 2006, the book covers actions based in common law and equity, as well as actions based in other statutory law. It also explores occurences of directors owing fiduciary duties directly to shareholders and the 'no reflective loss' rule providing a clear view of its scope, but also its limitations.The book refers to judgments in other related jurisdictions when it is necessary to substantiate a submission not already fully and authoritatively addressed by English law. Scottish cases are referred to where the House of Lords or Supreme Court have dealt with an issue, or where the point of law overlaps with English law.There are separate chapters on taxation issues, shareholder claims in Australia, due the large cross pollination between English and Australian law and, for comparative purposes, on Canada where a very different approach is taken with its common law based system and South Africa.In addition to an expanded section on procedure with detailed consideration of the availability of interlocutory relief, the new 3rd edition also covers significant developments in case law that there have been since the 2nd edition including in relation to:- Directors' duties, eg Julien v Evolving Technologies; Popely v Popely; Auden McKenzie (Pharma) Ltd v Patel; Re System Building Services Group; Dickinson v NAL Realisations (Staffordshire) Ltd and in the continuing Sharp v Blank litigation- Remedies following directors' breaches of duties, eg CPS v Aquila Advisory Ltd and in Interactive Technology v Fester - Derivative claims, eg Sevilleja Garcia v Marex Financial Ltd and Homes of England Ltd v Nick Bellman (Holdings) Ltd - Unfair prejudice petitions, eg Re G&G Properties Ltd; re Bankside Hotels Ltd, aka Griffith v Gourgey; George v McCarthy and Allnutt v Nags Head Reading Ltd - Just and equitable winding up, eg Chu v Lau- The doctrine of the non-recoverability of reflective loss, eg the decisions of both the Supreme Court and the Court of Appeal in the important case of Sevilleja Garcia v Marex Financial Ltd where this was considered and ultimately refined; and Re Hut Group Ltd, aka Zedra Trust Co (Jersey) Ltd v Hut Group Ltd - Access to company registers, eg Houldsworth Village Management v Barton- The liability of parent companies for the actions of their subsidiaries in Vedanta Resources Plc and Another v LungoweThis title is included in Bloomsbury Professional's Company and Commercial Law online service.
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Specificații

ISBN-13: 9781526519979
ISBN-10: 1526519976
Pagini: 592
Dimensiuni: 156 x 248 mm
Greutate: 1.13 kg
Ediția:3
Editura: Bloomsbury Publishing
Colecția Bloomsbury Professional
Locul publicării:London, United Kingdom

Caracteristici

Includes a practical chapter on the inter-relationship of remedies which provides guidance on choosing between thedifferent courses open to shareholders who wish to pursue a claim

Notă biografică

Andrew Charman is a barrister at St Philips Chambers. Previously he was a corporate solicitor at Freshfields before being called to the Bar in 1994. He possesses substantial experience in commercial and Chancery. He is recommended in Chambers UK as "heavyweight" who "can cut through the murky facts and provide clearly though-out solutions".Johan du Toit SC is an Associate Tenant at St Philips Chambers and a member of the Johannesburg Bar. He has acommercial litigation practice focusing on major high value shareholder actions and financial markets law. He has acted as a Judge in the High Court of South Africa.

Cuprins

Chapter 1 Companies' Separate Legal PersonalityChapter 2 Directors and their DutiesChapter 3 Shareholders' RelationshipsChapter 4 The Liability of Directors and Advisers of the Company Directly to ShareholdersChapter 5 Who is in Control? The Rule in Foss v HarbottleChapter 6 Derivative ClaimsChapter 7 Personal ClaimsChapter 8 Reflective LossChapter 9 Unfair Prejudice: Section 994Chapter 10 Setting Right Unfair Prejudice: Section 996 remediesChapter 11 Just and Equitable Winding Up as RemedyChapter 12 Inter-relationship of RemediesChapter 13 ProcedureChapter 14 Availability of Interim Relief and Summary Judgment on Unfair Prejudice PetitionsChapter 15 Taxation IssuesChapter 16 Shareholder Claims in AustraliaChapter 17 Canada - ComparisonsChapter 18 An Overview of South African Law