The indemnity cost order in a derivative action

Bu, Qingxiu (2006) The indemnity cost order in a derivative action. The Company Lawyer, 27 (1). pp. 2-13. ISSN 0144-1027

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Abstract

Reflects on the use of indemnity costs orders in derivative actions. Reviews key features of such actions by minority shareholders, case law on the development of derivative actions, such as the Court of Appeal decision in Wallersteiner v Moir (No.2), the main equitable and procedural requirements and the approach adopted by other common law jurisdictions. Evaluates controversial issues surrounding their application, including whether an indemnity order should be granted in respect of a petition under the Companies Act 1985 s.459 when combined with a derivative action, and the position where a company is faced with insolvency. Considers how the practical obstacles to making such orders in derivative actions might be overcome.

Item Type: Article
Keywords: Comparative law; Corporate insolvency; Derivative claims; Indemnity costs; Minority shareholders; Unfairly prejudicial conduct
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K1000 Commercial law
Depositing User: Qingxiu Bu
Date Deposited: 28 May 2013 15:07
Last Modified: 28 May 2013 15:07
URI: http://sro.sussex.ac.uk/id/eprint/45150
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