Minority Shareholder Litigation - Unfair Prejudice or Derivative Claim?
- Podcast Location:
- Download it here [file size: 22.7 MB]
- Part of:
- Corporate Litigation Bundle - CPD Training Bundle
- Categories:
-
Company Law
- CPD Points:
- Up to 1 point. details »
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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- Cost:
- a) £65+VAT for this CPDcast only
- b) £299+VAT for unlimited access to all of our podcasts. details »
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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 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
- 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.
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
