A. J. Boyle assesses the state of English company law on minority shareholders' remedies from historical, theoretical and comparative perspectives in this important addition to Cambridge Studies in Corporate Law. He analyses the reforms of the UK Law Commission, which have been further appraised and amplified by the work in progress of the Company Law Review Steering Group. The book covers the common law actions by exception to the Rule in Foss v. Harbottle, and the statutory remedies by way of petition for unfair prejudice and/or just and equitable winding up. As well as considering the complexities of derivative actions and statutory minority remedies, Boyle discusses directions for minority shareholders' remedies. This book will be of interest to academics and practitioners in company and corporate law, particularly in the UK, US, France and Germany, as well as throughout the Commonwealth.
• Includes a comparison with different approaches to minority proceedings in the UK, US, France and Germany, as well as the Commonwealth • Takes into account the reforming work of the Law Commission, and in particular the Company Law Review Steering Committee • Considers the relevance of law and economics theory
1. The Rule in Foss v. Harbottle; 2. Shareholder actions by exception to the rule; 3. A new derivative action; 4. The statutory minority remedies; 5. Reforming the statutory remedies.