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Mayson, French & Ryan on Company Law

Mayson, French & Ryan on Company Law (37th edn)

Derek French
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date: 10 December 2022

p. 53918. Remedies for maladministrationlocked

p. 53918. Remedies for maladministrationlocked

  • Derek French

Abstract

This chapter considers the remedies available when maladministration occurs, with emphasis on the existence of the company as a separate person. It examines circumstances where a wrong has been done to the company or to individual members, focusing on the proper claimant principle established in Foss v Harbottle (1843) 2 Hare 461, and the possible action that can be taken against company officers who have committed a wrong. It also explains the causes for which a member can file derivative claims; the right of a member to petition the court for relief under the Companies Act 2006 (CA 2006), part 30 (ss 994 to 999); members’ petition for winding up; the irregularity principle; and when the Secretary of State can intervene in maladministration cases. The chapter cites relevant legislation (Companies Act 1985, Insolvency Act 1986 and CA 2006) and a number of particularly significant court cases.

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