2019
DOI: 10.4324/9780429293344
|View full text |Cite
|
Sign up to set email alerts
|

Shareholder Protection Reconsidered

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
2
2

Citation Types

0
4
0

Year Published

2022
2022
2022
2022

Publication Types

Select...
1

Relationship

1
0

Authors

Journals

citations
Cited by 1 publication
(4 citation statements)
references
References 0 publications
0
4
0
Order By: Relevance
“…122 Now, the statutory derivative claim under CA 2006 is far from perfect but, compared to the derivative action under common law, it better promulgates corporate interests and provides claimants with more legal certainty, to say the least. 123 But even looking at the sheer numbers of litigation we notice that, despite derivative actions being available in Cyprus since its independence, the volume of accumulated case law thereat is meagre; it is comparable to that of reported cases involving 124 derivative claimants of Greek/ Cypriot heritage in England in the past decade alone (and jurisdictional arbitrage is not to blame). 125 This may be perceived as the indicator of two things.…”
Section: The Problems With the Common Law Derivative Actionmentioning
confidence: 97%
See 3 more Smart Citations
“…122 Now, the statutory derivative claim under CA 2006 is far from perfect but, compared to the derivative action under common law, it better promulgates corporate interests and provides claimants with more legal certainty, to say the least. 123 But even looking at the sheer numbers of litigation we notice that, despite derivative actions being available in Cyprus since its independence, the volume of accumulated case law thereat is meagre; it is comparable to that of reported cases involving 124 derivative claimants of Greek/ Cypriot heritage in England in the past decade alone (and jurisdictional arbitrage is not to blame). 125 This may be perceived as the indicator of two things.…”
Section: The Problems With the Common Law Derivative Actionmentioning
confidence: 97%
“…In the same spirit, we suggest that the representative nature of the derivative action warrants a scope of potential claimants broad enough to ensure that no wrong is left without a remedy. 136 Membership status alone should suffice to bring an action and, in appropriate circumstances, legal standing should extend to members of parent companies. 137 By the same token, the scope of defendants and the grounds upon which a claim may be brought should be broad enough to serve this purpose but, at the same time, maintain respect of the board's general competence to litigate on behalf of the company.…”
Section: τHe Prospect Of a Statutory Reformmentioning
confidence: 99%
See 2 more Smart Citations