Unfair Prejudice In United Kingdom Company Law
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Unfair Prejudice In United Kingdom Company Law
Unfair prejudice in United Kingdom, company law is a statutory form of action that may be brought by aggrieved shareholders against their company. Under the Companies Act 2006 the relevant provision is s 994, the identical successor to s 459 Companies Act 1985. Unfair prejudice actions have generated an enormous body of cases, many of which are called "Re A Company", with only a six-digit number and report citation to distinguish them. They have become a substitute for the more restrictive 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 brought in smaller, non-public companies. This is the text from the Act. Four main issues arise out of the interpretation of s.994. First of all, who has a right to complain against whom? Secondly, what specifically does the "company's affairs" mean in s.994(1)(a)? Thirdly, when is something "unfair" and at the same time "prejudicia ...
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United Kingdom, Company Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Mutual Life Insurance Co
Mutual may refer to: *Mutual organization, where as customers derive a right to profits and votes *Mutual information, the intersection of multiple information sets *Mutual insurance, where policyholders have certain "ownership" rights in the organization *Mutual fund, a professionally managed form of collective investments *Mutual Film, early American motion picture conglomerate, the producers of some of Charlie Chaplin's greatest comedies *Mutual Base Ball Club (1857-1871), defunct early baseball team usually referred to as "Mutual" in the standings. *Mutual Broadcasting System, a defunct U.S. radio network * Mutual Improvement Association, the name of two youth programs run by the Church of Jesus Christ of Latter-day Saints *Mutual authentication, used in cryptography *"Mutual", a 2018 song by Shawn Mendes from ''Shawn Mendes'' ;Place names *Mutual, Maryland, a community in the United States *Mutual, Ohio, a village in the United States * Mutual, Oklahoma, a town in the United S ...
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Derivative Claim
A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation against a third party. Often, the third party is an insider of the corporation, such as an executive officer or director. Shareholder derivative suits are unique because under traditional corporate law, management is responsible for bringing and defending the corporation against suit. Shareholder derivative suits permit a shareholder to initiate a suit when management has failed to do so. To enable a diversity of management approaches to risks and reinforce the most common forms of corporate rules with a high degree of permissible management power, many jurisdictions have implemented minimum thresholds and grounds (procedural and substantive) to such suits. Purpose and difficulties Under traditional corporate business law, shareholders are the owners of a corporation. However, they are not empowered to control the day-to-day operations of the corporation. Instead, shareholders appoint di ...
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UK Company Law
The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary legal vehicle to organise and run business. Tracing their modern history to the late Industrial Revolution, public companies now employ more people and generate more of wealth in the United Kingdom economy than any other form of organisation. The United Kingdom was the first country to draft modern corporation statutes, where through a simple registration procedure any investors could incorporate, limit liability to their commercial creditors in the event of business insolvency, and where management was delegated to a centralised board of directors. An influential model within Europe, the Commonwealth and as an international standard setter, UK law has always given people broad freedom to design the internal company rules, so long as the mandato ...
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Insolvency Act 1986
The Insolvency Act 1986c 45 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication and most of the findings in the Cork Report, including the introduction of the Individual Voluntary Arrangement (IVA) and Company Voluntary Arrangement (CVA) procedures. Elements of the Act have been updated by the Enterprise Act 2002 which came into enforcement on 1 April 2004 and introduced amongst other things the popular "out-of-court" administration route.Lyndon Norley, Kirkland & Ellis International LLP and Joseph Swanson and Peter Marshall, Houlihan Lokey (2008). A Practitioner's Guide to Corporate Restructuring. City & Financial Publishing, 1st edition Those considering the main Act should also refer to the Insolvency Rules 1986 and numerous Regulations and other amending legislation since 1986, and also to the best practice which ...
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Civil Procedure Rules 1998
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many archaic legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena". Unlike the previous rules of civil procedure, the CPR commence with a statement of their “overriding objective”, both to aid in the application of specific provisions and to guide behaviour wher ...
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Arbitration Act 1996
The Arbitration Act 1996c 23 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland. The 1996 Act only applies to parts of the United Kingdom. In Scotland, the Arbitration (Scotland) Act 2010 provides a modern statutory framework for domestic and international arbitration. Overview England and Wales is one of the very few developed jurisdictions in the world which has consciously elected not to follow the UNCITRAL Model Law on International Commercial Arbitration. This is a position which has been subject to criticism. General duty of the tribunal The Act mandates that the general duty of the arbitral tribunal is to: # act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponent, and # adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense, so as to provide ...
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Fulham Football Club (1987) Ltd V Richards
Fulham Football Club is an English professional association football, football club based in Fulham, London, which compete in the . They have played home games at Craven Cottage since 1896, other than a two-year period spent at Loftus Road whilst Craven Cottage underwent redevelopments that were completed in 2004. They contest West London derby rivalries with Chelsea F.C., Chelsea, Queens Park Rangers F.C., Queens Park Rangers and Brentford F.C., Brentford. The club adopted a white shirt and black shorts as its kit in 1903, which has been used ever since. Founded in 1879, they are London's oldest professional football club. They joined the Southern Football League, Southern League in 1898 and won two First Division titles (1905–06 and 1906–07), as well as two Second Division titles and a Western Football League, Western League title. Elected into the Football League Second Division, Second Division of the English Football League, Football League in 1907, Fulham would win the ...
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Gamlestaden Fastigheter AB V
Gamlestaden is an urban district in Gothenburg, Sweden. The district has 7273 inhabitants (2009).Göteborgs stad - Stadsdelar och primärområden
Läst 2011-01-23. In and around Gamlestaden there are some industries. Most well-known is

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O'Neill V
The O'Neill dynasty (Irish: ''Ó Néill'') are a lineage of Irish Gaelic origin, that held prominent positions and titles in Ireland and elsewhere. As kings of Cenél nEógain, they were historically the most prominent family of the Northern Uí Néill, along with the O'Donnell dynasty. The O'Neills hold that their ancestors were kings of Ailech during the Early Middle Ages, as descendants of Niall of the Nine Hostages. Two of their progenitors were High Kings of Ireland, Niall Glúndub (from whom they take their name) and Domnall ua Néill. From 1232 until 1616, the O'Neill were sovereign kings of Tír Eógain, holding territories in the north of Ireland in the province of Ulster; particularly around modern County Tyrone, County Londonderry and County Antrim, in what is now Northern Ireland. After their realm was merged with the Kingdom of Ireland and the land was caught up in the Plantation of Ulster, they were involved in a number of significant events, such as Tyrone's Re ...
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Vinelott J
Sir John Evelyn Vincent Vinelott (15 October 1923 – 22 May 2006) was a leading barrister at the Chancery bar and an English High Court judge in the Chancery Division from 1978 to 1994. He was born in Gillingham, Kent, and studied at Queen Elizabeth's Grammar School, Faversham. He started to read English at Goldsmiths, University of London, but his studies were interrupted by Second World War. He enlisted with the Royal Navy Volunteer Reserve before he graduated: the master-at-arms told him that hyphenated surname ("Vine-Lott") were not used on the lower decks. He was later commissioned as a sub-lieutenant, but retained his new unhyphenated surname. He was sent to the School of Oriental and African Studies to learn Japanese, and served on destroyers in the Far East, reading Japanese signals. He bought a copy of Ludwig Wittgenstein's ''Tractatus Logico-Philosophicus'' in Colombo, which made him determined to study philosophy after the war. He returned to his studies at Quee ...
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Re Blue Arrow Plc
''Re Blue Arrow plc'' 987BCLC 585 is a UK company law case dealing with unfair prejudice under s 459 Companies Act 1985 (now s 994 Companies Act 2006). Facts Mrs Watson-Challis was in the recruitment agency business. Between 1956 and 1982, she had built up a variety of businesses. In business she went by the pseudonym of "Sheila Birch". During this time period, she was connected with Mr Berry. They were impressed by each other's business talents and decided to set up a new company. She transferred her business and shareholdings to the new firm, Blue Arrow, in which she took a 45% stake. Mr Berry took a 55% stake. Blue Arrow had a variety of subsidiaries. Mrs Watson-Challis was the executive director of the subsidiaries and the "president" of the parent, while Mr Berry was the chairman. By 1984, Mrs Watson-Challis was travelling overseas, and no longer taking an active part of the company's affairs. The company was floated, it went public. Over time, with many others buying up new ...
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