Bloomsbury Professional Shareholder Actions

Product Description 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, but also 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 and South Africa. In addition to an expanded section on procedure with detailed consideration of the availability of interlocutory relief, the new 3rd edition also covers significant developments in case law that there have been since the 2nd edition. Chapter 1 Companies’ Separate Legal Personality 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 Reflective Loss Chapter 9 Unfair Prejudice: Section 994 Chapter 10 Setting Right Unfair Prejudice: Section 996 remedies Chapter 11 Just and Equitable Winding Up as Remedy Chapter 12 Inter-relationship of Remedies Chapter 13 Procedure Chapter 14 Availability of Interim Relief and Summary Judgment on Unfair Prejudice Petitions Chapter 15 Taxation Issues Chapter 16 Shareholder Claims in Australia Chapter 17 Canada – Comparisons Chapter 18 An Overview of South African Law About the Author Andrew Charman is a barrister at St Philips Chambers. Previously he was a corporate solicitor at Freshfields before being called to the Bar in 1994. He possesses substantial experience in commercial and Chancery. He is recommended in Chambers UK as "heavyweight" who "can cut through the murky facts and provide clearly though-out solutions".<br /><br />Johan du Toit SC is an Assoicate Tenant at St Philips Chambers and a member of the Johannesburg Bar. He has a commercial litigation practice focusing on major high value shareholder actions and financial markets law. He has acted as a Judge in the High Court of South Africa.