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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 to a company, the proper claimant is the company itself.
The board of directors invariably holds the right to sue in the company's name as a general power of management. [2] So if wrongs were alleged to have been done to the company, the principle from the case of Foss v Harbottle, [3] was that the company itself was the proper claimant, and it followed that as a general rule that only the board could bring claims in court.
This is as a result of principles commonly known as the rule in Foss v Harbottle (1843) 2 Hare 461. However, if the wrongdoing director(s) control the majority of votes they may prevent legal proceedings being brought. There are therefore exceptions to the rule which enable a minority shareholder to bring an action to enforce the company’s ...
In the United Kingdom, an action brought by minority shareholder(s) could 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 ultra vires and, similarly, fraud on minority.
Foss v Harbottle (1843) 2 Hare 461, from which a rule is derived, still the cornerstone of minority shareholder rights in company law in common law legal systems over 160 years later. Hare was a co-author, with Henry Iltid Nicholl and John Monson Carrow, of the initial 1840 and 1843 volumes of Cases Relating to Railways and Canals 1835–1840 ...
Foss v Harbottle (1843) 2 Hare 461 (and the eponymous "rule in Foss v Harbottle"), and; Henderson v Henderson (1843) 3 Hare 100; He was also the judge at first instance in Foley v Hill (1848) 2 HLC 28.
This list has no precise inclusion criteria as described in the Manual of Style for standalone lists. Please improve this article by adding inclusion criteria, or discuss this issue on the talk page. (December 2013) This is a chronological list of notable cases decided by the Senior Courts of England and Wales – that is, cases from the High Court of Justice of England and Wales, Court of ...
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. [1]