Podcast Location:
Download it here [file size: 22.7 MB]
Part of:
Corporate Litigation Bundle - CPD Training Bundle
Categories:
Corporate & Commercial 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:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to highlight the respective benefits and disadvantages to minority shareholders looking to enforce their rights by means of a petition for unfair prejudice or a derivate claim on the company’s behalf. It details the respective nature of both remedies and in what circumstances each will be appropriate.

Outcomes:
After completing the course you will:
  • Understand the nature of a claim for unfair prejudice;
  • Understand the nature of a derivative claim and how it differs from an unfair prejudice petition;
  • Know some of the key factors that practitioners need to consider when contemplating a claim under either sections 260 or 994.;
  • Understand the potential difficulties when seeking to run both a petition and derivative claim in tandem;
  • Be aware of how effective minority shareholder litigation can be at enforcing directors’ duties.
Level:
Specialist Difficulty: 5 of 5
Classification:
Practical Guide
Sources and References:
  • Companies Act 2006 ss 260, 263, 994;
  • Konamaneni v Rolls Royce Industrial Power (India) Ltd [2002] 1 WLR 1269;
  • Waddington v Chan Chun Hoo Thomas [2008] HK CU 1381;
  • Re Chime Corp Ltd [2004] 7 HKCFAR 546;
  • Franbar Holdings Ltd v Patel [2009] 1 BCLC 1;
  • Kiani v Cooper [2010] BCC 463.
Tags:

This podcast with two company law barristers from Erskine chambers discusses the respective pros and cons for a minority shareholder when contemplating litigation on behalf of themselves or their company.

Podcast added: 20/09/11

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