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BRAND NEW BOOK: Shareholder Actions
Escalating pay packets for directors and the crisis in banking are forcing more shareholders to act
Andrew Charman and Johan Du Toit SC
Shareholder Actions aims to analyse and simplify the process of bringing and defending shareholder actions in light of their recent escalation in number and importance.
This brand new title gives easy access to the intricacies of general company law principles, derivative actions, petitions based on unfairly prejudicial conduct and other personal actions in breach of the common law, equity, the Companies Act 2006 and other statutes.
Shareholder Actions provides a comprehensive guide to the possible actions that shareholders may be entitled to pursue, on whichever side of the dispute a reader might be involved. Particular attention is paid to those occasions where fiduciary duties owed by directors to shareholders are breached.
Uniquely, this book offers perspectives on comparable shareholder actions in Australia and Canada, highlighting how the approaches taken can differ.
Shareholder Actions covers the following topics and recent case law:
· Derivative claims:
§ Iesini v Westrip Holdings Ltd
§ Stainer v Lee
· The ‘no reflective loss’ rule:
§ Prudential Assurance Co Ltd v Newman Industries Ltd
§ Johnson v Gore Wood
§ Giles v Rhind
· Unfairly prejudicial conduct:
§ Re Sunrise Radio Ltd
§ Fulham Football Club (1987) Ltd v Richards
§ Maidment v Attwood
§ Sikorski v Sikorski
§ Re Annacott Holdings Ltd
§ Cream Holdings Ltd v Davenport
§ Re Abbington Hotel Ltd
The well-known rule in Foss v Harbottle is given due consideration and the roles and duties of directors and shareholders are contextualised. Shareholders’
Shareholder Actions unlocks this difficult area of the law with no-nonsense clarity, rendering it understandable to company law practitioners, company directors and shareholders in private and public companies alike.
About the authors
Andrew Charman is a barrister at St Philips Chambers, Birmingham and a door tenant at Selborne Chambers, London and Chancery House Chambers, Leeds. He was a corporate solicitor at Freshfields in London and Tokyo before being called to the Bar in 1994. He possesses substantial experience in commercial and Chancery litigation and is recommended by Chambers UK as an intelligent advocate who is methodical, tenacious and thorough in preparation.
Johan Du Toit SC is a barrister at Selborne Chambers and a door tenant at St Philips Chambers Birmingham, London and professor at the College of Law. He expanded his commercial litigation practice as silk in South Africa to England, where he focuses on major high value shareholder actions and financial markets law. He acted as a judge in the High Court of South Africa.
ISBN: 978 1 84766 710 6
Pub date: January 2013
If you would like to review a copy of Shareholder Actions please email: victoria.daniels@