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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.
Smith v Croft (No 2) [1988] Ch 114 is a UK company law case concerning derivative claims. Its principle that in allowing a derivative claim to continue the court will have regard to the majority of the minority's views has been codified in Companies Act 2006 , section 263(4).
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.
Adshead was one of the defendant directors in the landmark case Foss v Harbottle (1843) 67 ER 189, which established the precedent that where a wrong is alleged to have been done to a company, the proper claimant is the company itself. Adshead became a member of Manchester Corporation, serving as Alderman for St. Anne's Ward.
Edwards v Halliwell [1950] 2 All ER 1064 is a UK labour law and UK company law case about the internal organisation of a trade union, or a company, and litigation by members to make an executive follow the organisation's internal rules.
27 March – decision in Foss v Harbottle, a leading precedent in English corporate law, declares that in any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself and not individual shareholders. [3]
1843 in United States case law (1 P) Pages in category "1843 in case law" ... Forster v Wilson; Foss v Harbottle; H. Henderson v Henderson This page was ...