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26 October 2012
Issue: 7535 / Categories: Case law , Law digest , In Court
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Company

Bamford and others v Harvey and another [2012] EWHC 2858 (Ch), [2012] All ER (D) 182 (Oct)

While “wrongdoer control” was not an absolute condition for a derivative claim, and while it was clearly desirable that the interpretation of the statutory provisions or their equivalents should be the same in England as in Scotland, there was nothing in the case of Wishart v Castlecroft Securities Ltd [2010] CSIH 2 to suggest that the potential for the company itself to commence proceedings was not a relevant consideration in the exercise of the court’s discretion. On the evidence, it was impossible to avoid the conclusion that the mechanism of instituting a claim by the company against H through the agreement had simply been overlooked. It was not elevating “wrongdoer control” to a preclusive condition for the court to hold that when proceedings clearly could be brought in the name of the company and there was no objection raised on that ground, they ought to be brought in the name of the company.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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