Chapter 8: Directors’ duties and shareholder litigation: the practical perspective
This chapter assesses the practical implications of s.172 Companies Act 2006 and the role of shareholder litigation. This perspective is critical to an informed understanding of the law, and how it operates in practice. The chapter presents the views both of practitioners who are involved in the practical application of the law, and of academics who have carried out empirical research into the themes addressed in this book. The material herein is an edited record of a discussion between academics and practitioners which took place at the University of Leeds in September 2010. It addresses the following issues: the significance of s.172 and s.174 Companies Act 2006; the jurisdictional difference between derivative litigation and litigation under s.994 Companies Act 2006; and shareholder litigation and enforcement of directors’ duties more generally.
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