Abstract
Considers whether the approach of the Companies Act 2006 to shareholders' derivative claims provides a clear legal model based on asymmetric paternalism or market mechanism theories. Outlines key elements of each model, their potential application to company law and the extent to which pre-2006 derivative claims conformed to either approach. Reviews substantive and procedural issues raised by the Act's provisions, the model to which those provisions correspond and potential future developments, including possible strategies for judges to adopt when ruling on derivative claims.
| Original language | English |
|---|---|
| Pages (from-to) | 378-392 |
| Number of pages | 25 |
| Journal | International Company and Commercial Law Review |
| Volume | 18 |
| Issue number | 11 |
| Publication status | Published - Nov 2007 |
Keywords
- corporate governance
- derivative claims
- directors' powers and duties
- economics and law
- jurisprudence
- shareholders