The Formation And Structure Of British Shareholder Derivative Claims Statute Law

As we all know, the British shareholder derivative claims developed from the well-known case of Foss v. Harbottle(1843) and a series of related court rulings. 100 years, the United Kingdom started a large number of related cases and formed a large and complex, far-reaching system of cases law. But the British did not rest on its laurels, Since the twenty century it was trying to make include the shareholder derivative litigation, and many companies cases into a cultural change, in order to build up modern new company law and shareholder derivative litigation system. This effort was finally enacted in the United Kingdom in CA 2006 of Part XI for the first time made special provisions of derivative litigation to aim at shareholders. In the subsequent CPR 2007 Amending corresponded to the change in shareholder derivative claims in the company law. As a case law country and the birthplace of shareholder derivative litigation, the provisions of statutory formed with a long historical tradition of shareholder derivative claims is a very interesting thing. Why the UK shareholder derivative litigation up to the statutory direction to case law? Between statutory and case law is what relationship? How Company Law and Civil Procedure Law convergence? What our country has the inspiration and reference from the law of UK? How to answer a range of issues? We feel that it's very necessary to further research and study the British shareholder derivative claims statutory changes in historical development of its conduct in-depth research and analysis, to provide useful references to improve our shareholder derivative action.This shareholder derivative claims from the UK case law from the perspective of development to start statute law, shareholder derivative litigation by the United Kingdom's historical development, structural characteristics, system design, analysis and evaluation issues, and finally concluded and the British statutes on our shareholder derivative litigation reference and inspiration.This article is divided into two parts, the foreword and the body. Which constitute the body of the four chapters.Chapterâ… , the British shareholder derivative claims statute of historical development. This chapter described from five aspects: First, the British shareholder derivative claims described by the case law of this historic change to the statute changes. Second, shareholders derivative claims of statute prototype stage, including the article 210 of the CA 1948 and the article 75 of CA 1980 and the article of 459 of CA 1985 to show the historical development of shareholder derivative litigation context. Third is a Law Commission report issued by the draft and analysis. Fourth, from a macro-level shareholder derivative claims against the United Kingdom sign the Statute Law established the CA 2006 and CPR 2007(Amendment) are introduced. Fifth, the British shareholder derivative litigation, discussion of the characteristics statute, intended to explain the statute complement between corporate and civil law, as well as the unfair prejudice remedy complementary relationship between the statute.Chapter II, The articles of CA 2006 of shareholder derivative claims . This chapter first introduces the scope of shareholder derivative litigation, shareholder derivative litigation from the result of objective behavior and the two main aspects, the type of breach of the obligation of directors and other subjects in addition to directors as the main cause of the possibility of shareholder derivative litigation. Second, the plaintiff introduced the Derivative claims qualifications and company and other shareholders of the litigation status. Finally the CA2006 highlights the pretrial shareholder derivative litigation, from the review process and study the determinants of two aspects, and their use in practice were analyzed. This chapter stated that the CA 2006 of shareholder derivative claims case law than statute apparent advantage.Chapter III, the articles of CPR 2007(Amendment) relating to shareholder derivative litigation. This chapter is divided into two parts, first, to introduce CPR 2007(Amendment) and relevant content, including litigation filed the lawsuit told the cost of compensation and termination and settlement system. Second is to introduce the Practice Directions and claims form of the content.Chapter IV, The assessment of British shareholder derivative claims statute. First,shareholder derivative claims against the British statute to conduct comprehensive evaluation of the legislation embodied in the merits and deficiencies. Second, uphold the statute from the path of development, company law and procedural law concept of combining legislation, legislation to prevent out of practice with the practice of the three put forward the legislation to our shareholders derivative claims the Revelation.