Shareholder Actions (2ed)

Shareholder Actions (2ed)
Shareholder Actions (2ed)
Charman, A
Bloomsbury Professional

Shareholder Actionsis a comprehensive guide to the possible actions shareholders may be entitled to pursue, on whichever 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 occurrences of directors owing fiduciary duties directly to shareholders and the 'no reflective loss' rule providing a clear view of its scope and 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.


Chapter 1: Companies' Separate Legal Pesonality

Chapter 2: Directors and their Duties

Chapter 3: Shareholders' Relationships

Chapter 4: The Liability of Directors and Advisers of the Company Directly to Shareholders

Chapter 5: Who is in Control? The Rule in Foss v Harbottle

Chapter 6: Derivative Claims

Chapter 7: Personal Claims

Chapter 8: Non-Recoverability of Reflective Loss

Chapter 9: Unfair Prejudice: Section 994

Chapter 10: Unfair Prejudice: Section 996

Chapter 11: Just and Equitable Winding Up

Chapter 12: Procedural Issues Relating to Unfair Prejudice Positions under Section 994, Derivative Claims, Just and Equitable Winding Up Petitions and Personal Claims brought under Part 8 of the Civil Procedure Rules

Chapter 13: Inter-relationship Remedies

Chapter 14: Taxation Issues

Chapter 15: Shareholder Claims in Australia

Chapter 16: Shareholder Claims in South Africa

Chapter 17: Canada - Comparisons

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