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(p. 549) 20. The derivative claim and the rule in Foss v Harbottle 

(p. 549) 20. The derivative claim and the rule in Foss v Harbottle
Chapter:
(p. 549) 20. The derivative claim and the rule in Foss v Harbottle
Author(s):

Brenda Hannigan

DOI:
10.1093/he/9780198787709.003.0020
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date: 17 November 2019

Shareholders' remedies are dominated by the rule in Foss v Harbottle. The rule is based on two fundamental principles of company law: respect for the separate legal personality of the company and the principle of majority rule. This chapter discusses the common law derivative claim; derivative claims under Companies Act 2006 (CA 2006), Part 11; corporate loss and reflective loss; personal actions at common law; and specific statutory rights under the CA 2006 581.

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