Tuesday, 30 October 2012

UK: England and Wales: derivative claims and wrongdoer control

The ICLR has provided a summary for the recent High Court decision Bamford v Harvey [2012] EWHC 2858 (Ch): see here. A copy of the decision has not yet been published on BAILII. The headnote from the ICLR's summary reads as follows: " 'Wrongdoer control' of a company was not an absolute preclusive condition for the bringing of a derivative claim [under Part 11 of the Companies Act 2006]. However, where proceedings clearly could have been brought in the name of the company and no objection was raised on that ground, they should be so brought."

Update (5 November 2012) - a copy of the judgment has been added to BAILII: see here.

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