Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Company Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • a) £69+VAT for this CPDcast only
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast will provide listeners with an introduction to the sources of a shareholder's rights as well as examining the various forms of litigation available to a shareholder to enforce those rights. Listeners will come to understand the requirements of each type of proceedings, the remedies available and the practical issues to be considered in advising a client as between the different forms of relief.

Outcomes:
After completing the course you will:
  • Understand the sources of a shareholder's rights as against his co-shareholders and the company;
  • Have learnt the various forms of litigation available to a shareholder to enforce their rights in their own right and as against the company;
  • Have understood the remedies available under each type of proceedings;
  • Have learnt a number of practical issues to be taken into account when determining which form of relief to seek;
  • Understand why shareholders tend towards one form of relief over others.
Level:
Complex Difficulty: 4 of 5
Classification:
Legal Principles
Procedural
Sources and References:
  • Ebrahimi v Westbourne Galleries (1972) 2 All ER 492;
  • Re Blue Arrow plc (1987) 3 BCC 618;
  • Constable v Executive Connections [2005] 2 BCLC 638;
  • Re Belfield Furnishings Ltd [2006] 2 BCLC 705;
  • Re A Company (No 789 of 1987) [1991] BCLC 267;
  • Re Benfield Squash Rackets Club [1996] 2 BCLC 184.

In this podcast, we talk to Andrew Thornton of Erskine Chambers and Andrew Harris, a partner in DLA Piper, and discuss the topic of shareholder litigation. The podcast looks at a number of types of shareholder proceedings, including unfair prejudice applications under section 994 of the Companies Act 2006, just and equitable winding up applications under section 122(1)(g) of the Insolvency Act 1986, the new statutory derivative claim procedure under section 260 of the Companies Act 2006 and the ability of shareholders to bring claims as an exception to the rule in Foss v Harbottle. The podcast considers the legal principles underlying each type of claim and the available remedies as well as looking at a number of practical issues.

Podcast Added: 4/4/2008

Podcast last reviewed: 2011-07-25

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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