Derivative proceedings in a brave new world for company management and shareholders

Andrew Keay, Joan Loughrey

Research output: Contribution to journalArticlepeer-review

Abstract

Examines in detail the approach of the UK courts to applications for permission to bring or proceed with derivative actions under the Companies Act 2006 Pt 11. Sets out the background to Pt 11 and the difficulties with the former common law regime with which it was intended to deal. Analyses the way in which the courts have approached the need to demonstrate a prima facie case, the relevance of the directors' duties under s.172 of the Act, the link between ratification of a wrongdoing and wrongdoer control, an applicant's need for good faith, and the part which the company and directors could play in the application.
Original languageEnglish
Pages (from-to)151-178
JournalJournal of Business Law
Volume2010
Issue number3
Publication statusPublished - 15 Aug 2010

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