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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.
Foss v Harbottle (1843) 2 Hare 461, 67 ER 189; Hadley v. Baxendale [1854] EWHC J70 (Exch) (23 February 1854), High Court (England and Wales) Blyth v. Company Proprietors of the Birmingham Water Works [1856] EWHC J65 (Exch) (6 February 1856), High Court (England and Wales) Raffles v. Wichelhaus [1864] EWHC J19 (Exch) (20 January 1864), High ...
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.
Lane was one of the defendant architects 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.
Foss v Harbottle (1843) 2 Hare 461, 67 ER 189; Boughtwood v Oak Investment Partnership XII, Ltd Partnership [2010] EWCA Civ 23; US corporate law; New York Business Corporation Law section 1104-a, the holders of 20 per cent of voting shares of a non-public corporation may request that the corporation be wound up on grounds of oppression. Donahue v.
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).
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.
Accordingly, minority shareholders who are prejudiced in this have to rely upon the common law exceptions to the rule set in Foss v Harbottle, [20] or seek a winding-up of the company on just and equitable grounds. The directors owe their duties to the company itself, and not to the individual members. [21]