Reflective Loss and Derivative Claims – Article by Dov Ohrenstein

These seminar notes by Dov Ohrenstein address:

  • The problem of Reflective Losses;
  • Exceptions to the Rule in Foss v Harbottle with reference to the recent decisions;
  • The types of derivative claims that can now be brought but could not be brought prior to the 2006 Act;
  • Derivative claims against persons other than directors;
  • The requirements for permission to bring a derivative claim and other procedural issues; and
  • The interaction between derivative claims and s.994 (Unfair Prejudice petitions)

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