Foss v Harbottle (1843) 2 Hare 461, 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done...

claim. The updated law, which replaced the exceptions and the rule in Foss v Harbottle, is now contained in the Companies Act 2006 sections 260-264, but the...

alleged to have been done to the company, the principle from the case of Foss v Harbottle, was that the company itself was the proper claimant, and it followed...

bring a derivative claim, but refused permission based on the rule in Foss v Harbottle. The claimants secured permission to appeal to the Court of Appeal...

disregards the interests of a shareholder. It was introduced in response to Foss v Harbottle, which had held that where a company's actions were ratified by a majority...

"Mr. Justice Harbottle", collected in In a Glass Darkly (1872) Foss v Harbottle, 1843 English precedent on corporate law R. v. Harbottle, 1993 Canadian...

shares, and "fraud on the minority", as an exception to the rule in Foss v Harbottle. Mr Greenhalgh was a minority shareholder in Arderne Cinemas and was...

LJ granted the members' application. He held that under the rule in Foss v Harbottle the union itself is prima facie the proper plaintiff and if a simple...

by the fact that the company was proper plaintiff under the rule in Foss v Harbottle and thus their claim should be barred as reflective loss. All seven...

is no right to sue, even with a Foss v Harbottle exception. Independence is a question of fact. He followed Burland v Earle in Lord Davey’s dicta that...

(England and Wales) Vaughn v. Menlove (1837). 132 E.R. 490 (C.P.) Foss v Harbottle (1843) 2 Hare 461, 67 ER 189 Hadley v. Baxendale [1854] EWHC J70 (Exch)...

the rule in Foss v Harbottle (1843) 67 ER 189 presupposed a majority of shareholders could litigate See John Shaw & Sons (Salford) Ltd v Shaw [1935] 2...

allows shareholders to remove directors through a simple majority, Foss v Harbottle which presupposed that a majority of shareholders can always take action...

The Victoria Park Company, was at the heart of the notable case of Foss v Harbottle in mid-19th-century England.[citation needed] Tontines were often used...

the rule in Foss v Harbottle, and the House of Lords judgment in Alexander Ward v Samyang. UK company law Foss v Harbottle Alexander Ward v Samyang [1975]...

Co v Multinational Gas and Petrochemical Services Ltd [1983] Ch 258 Harlowe's Nominees Pty v. Woodside (1968) 121 CLR 483 (Aust HC) Foss v Harbottle (1843)...

probably an accurate reflection of the law after Hyman and Belize See Foss v Harbottle (1843) 67 ER 189 [1950] 2 All ER 1064 Irwin Mitchell, Update on Deductions...

Ch 34 (1843) 67 ER 189 Companies Law, section 95(3). Foss v Harbottle (1843) 67 ER 189 Johnson v Gore Wood & Co [2002] 2 AC 1 See for example in Table...

the normal position in relation to minority rights, see for example, Foss v Harbottle (1843) 2 Hare 461 Coyle, M., Shareholder Agreements, Lawdit Solicitors...

put forward for decision on the first occasion but failed to raise.) Foss v Harbottle (1843) 2 Hare 461, from which a rule is derived, still the cornerstone...

'Holding USS Directors Accountable, and the Start of the End for Foss v Harbottle?' (18 July 2022) Oxford Business Law Blog Archived 2023-02-06 at the...

upheld the application. He noted it was not within an exception to Foss v Harbottle. But then he said that... ... should not be applied if the result may...

only in exceptional circumstances be upheld under the doctrine of Foss v Harbottle in 1843 as to who is the "proper claimant/plaintiff". Exceptions involve...

were a body corporate' under TULRCA 1992 s 12 [1950] 2 All ER 1064 cf Foss v Harbottle (1843) 67 ER 189, which suggests that if no express rule is broken...

conditions on a "derivative action", as an exception to the rule in Foss v Harbottle. Though not restricted in such a way, unfair prejudice claims are primarily...

bringing an action, and it must be within the exception pointed out in Foss v Harbottle, that the shareholders must have a right to institute an action in...

railway and other companies. We must bear in mind the decisions in Foss v Harbottle and the line of cases following it, in which this Court has constantly...

'Holding USS Directors Accountable, and the Start of the End for Foss v Harbottle?' (18 July 2022) Oxford Business Law Blog Archived 2023-02-06 at the...

Minority Rights in Corporate Governance in Ghana: The End of the Rule in Foss v. Harbottle?, in Ghana Law Since Independence: History, Development and Prospects...

this have to rely upon the common law exceptions to the rule set in Foss v Harbottle, or seek a winding-up of the company on just and equitable grounds...