header-logo header-logo

Company

26 October 2012
Issue: 7535 / Categories: Case law , Law digest , In Court
printer mail-detail

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll