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'Clean hands' in derivative actions

Abstract:

This article challenges the commonly expressed view that shareholders wishing to bring a derivative action on behalf of the company must have 'clean hands' i.e. that there must be nothing in the shareholders behaviour which renders it unjust to allow the derivative action to proceed. While minority shareholders' misbehaviour might well have consequences for themselves, such as requiring the repayment of dividends known to have been paid unlawfully, those actions ought, in the normal course of...

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Publisher copy:
10.1017/S0008197302001538

Authors


Publisher:
Cambridge University Press
Journal:
Cambridge Law Journal More from this journal
Volume:
61
Publication date:
2002-01-01
DOI:
ISSN:
0008-1973
Language:
English
UUID:
uuid:66a66007-ed11-4052-98f6-dbe6bf73b124
Local pid:
oai:economics.ouls.ox.ac.uk:13676
Deposit date:
2011-08-15

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