Minority Shareholders: Law, Practice and Procedure

Publisher: Oxford University Press

Authors: Victor Joffe QC, David Drake, Giles Richardson & Daniel Lightman

Price: £135.00

Edition: 3rd Edition (March 2008)

ISBN: 978-0-19-921451-8

Buy from OUP: Click Here

For many practitioners, minority shareholder claims are notoriously difficult.  Those advising on this topic need a clear and accurate account of the law.  Fortunately, Minority Shareholders: Law, Practice and Procedure provides this and so much more.  Like Sir Jonathan Parker says in his foreword, anyone embarking on such a voyage would be well advised to take the latest edition with him.

Written by a team of experienced barristers from Serle Court Chambers, Minority Shareholders: Law, Practice and Procedure is split into eight chapters: derivative claims; personal claims; rights conferred on shareholders by the Companies Act 2006; just and equitable winding up; unfair prejudice: the statutory remedy; procedure under Section 994 of the Companies Act 2006: procedure; directors' duties; and taxation aspects.  It also includes two appendices: forms and precedents (including Particulars of Claim, witness statements, draft orders and a precedent expert report); and statutory materials.

For an area of law which is noxiously complex but important in practice, Minority Shareholders: Law, Practice and Procedure is a key text.  It is superbly written and ensures even the most complex of point of clearly explained.  It impressively explains the new (and important) rights conferred on shareholders by the Companies Act 2006.  Such a right, free from the limitations in Foss v Harbottle (1843) 2 Hare 461, is likely to be an important growth area in practice.  The precedents are also an excellent inclusion; showing the law in its rawest form.  The expert report, in particular, is an an unusual but extremely welcome inclusion and should help lawyers instructed to review an expert's report.

For anyone practising in this area of law, Minority Shareholders: Law, Practice and Procedure is a key text which should remain close to hand.  It impressively navigates the reader through even the most tricky aspects.  The precedents are also superb and an excellent starting point for anyone drafting statements of case, witness statements, instructions to experts or Part 36 Offers.  These excellent precedents, combined with the authoritative consideration of the law and its price, ensures Minority Shareholders: Law, Practice and Procedure will remain a practitioner's favourite for years to come.

Reviewed on 21 February 2010

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