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Minority Shareholders: Law, Practice, and Procedure, by Victor Joffe QC, David Drake, Giles Richardson, Daniel Lightman, Timothy Collingwo
Free Ebook Minority Shareholders: Law, Practice, and Procedure, by Victor Joffe QC, David Drake, Giles Richardson, Daniel Lightman, Timothy Collingwo
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This well-established work on the law relating to minority shareholders provides practitioners with the most detailed reference on the subject.
The new edition includes a chapter on foreign aspects of minority shareholder litigation which covers all of the jurisdictional and procedural issues concerned with litigation involving foreign companies and foreign parties. There are also substantially more detailed chapters on directors' duties and derivative claims.
The new edition includes analysis of many important decisions covering the following areas:
· Derivative claim procedure and alternative remedies
· Unfairly prejudicial conduct, attribution of responsibility and appropriate parties
· Personal rights of shareholders, their liability and piercing the corporate veil
· The mechanics of share valuation
As in previous editions, the fifth edition provides the best-organised, and most accessible analysis available of the application of legislation and authorities to difficult areas of practice. It contains a very detailed treatment of procedural matters and incudes practical guidance and tools such as precedents.
- Sales Rank: #3128887 in eBooks
- Published on: 2015-01-22
- Released on: 2015-01-22
- Format: Kindle eBook
Review
This is an excellent guide to what is undoubtedly both a highly technical and broad jurisdiction. The authors, all practising barristers, set out the contents of the books chapters each described by way of the type of claim or the nature of the relief sought, with precision. The material is accessible and up to date and supported by authority at every turn ... This book is an excellent guide to the remedies available to minority shareholders and I recommend it to practitioners working in this area and others who have occasion to do so from time to time. Simon Duncan, Solicitor, Moon Beever Solicitors
About the Author
Victor Joffe QC, Barrister, Temple Chambers,David Drake, Barrister, Serle Court,Giles Richardson, Barrister, Serle Court,Daniel Lightman, Barrister, Serle Court,Tim Collingwood, Barrister, Serle Court
Victor Joffe QC is a barrister based at Temple Chambers in Hong Kong. He specialises in corporate law relating to shareholder and internal disputes, corporate governance, protection of minority rights, directors' duties, and derivative actions.
David Drake is a barrister based at Serle Court in London and has a broad commercial chancery practice.
Giles Richardson is a barrister based at Serle Court in London. His practice encompasses a wide range of commercial and chancery disputes.
Daniel Lightman is a barrister based at Serle Court in London specialising in civil fraud, commercial litigation, professional negligence, and company law.
Timothy Collingwood is a barrister based at Serle Court in London. He has a broad commercial and chancery practive and extensive experience of claims concerned breaches of duty, and of shareholder disputes.
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Established and authoritative
By Phillip Taylor MBE
THE ESTABLISHED AND AUTHORITATIVE WORK OF REFERENCE IN THIS SPECIALIST AREA OF LAW – NOW IN A NEW FIFTH EDITION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
The position of minority shareholders within a company is all too often precarious, is it not? Yet how many companies could continue to exist without them? Enter therefore this new or relatively new-ish specialist field of law which places minority shareholders at the centre of analysis and enquiry.
This is a ‘relatively confined but complex and fascinating area of the law,’ writes Briggs LJ in the Foreword. What a benefit then, for hard-pressed practitioners, that this highly regarded work of reference came into being in 2000 -- and, reflecting the continuing change in this field -- is now out in a new fifth edition from the Oxford University Press.
The book is divided logically into eight chapters following a thought-provoking introduction by co-author David Drake. In an area of law which revolves round a mix of statutory and common law -- and equity as well, the book first presents a discussion of directors’ duties -- expanded in this new edition -- which reveals a formidable number of problem areas-- or grey areas, you might call them – which, as is the case with other subject areas dealt with in the book, are elaborated upon throughout by judicial commentary and case law.
Derivative claims and personal claims are covered in Chapters 2 and 3, while rights conferred on shareholders by the Companies Act 2006 are dealt with in the fourth chapter which focusses on such issues, for example, as class rights, company meetings and inspection of registers. In Chapter 5, petitions for the winding up of a company are explained in detail while in Chapters 6 and 7 the focus moves to the substantive and procedural aspects of petitions under CA 2006.
The most significant new material, however, is contained in Chapter 8, headed ‘Foreign Aspects’. Reflecting the dramatic increase in cross-border and global business, this chapter includes in the words of the authors, ‘discussion of jurisdictional and procedural problems arising in relation to foreign companies and parties.’
At this point we think it important to quote Briggs LJ who refers to Chapter 8 as ‘a tour de force of compressed analysis and practical detail without which no practitioner, or we would say, judge in this field, can expect safely to sail these turbulent and rock-strewn international waters.’
Practitioners charged with navigating their clients through such turbulent channels of legal complexity would be well advised to keep a copy of this authoritative work of reference conveniently to hand. In addition the book also provides extensive tables of cases and of legislation and there’s a useful appendix containing 170 pages of forms and precedents.
You’ll also note from the preface that all the royalties from this work are being donated to charities for disadvantaged children and Medicins Sans Frontieres.
The publication date is cited as at July 2014.
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