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United Kingdom
winding upderivative claimdirectors duties
re Bank of Gibraltar and Malta
(1865) LR 1 Ch App 69
Key Principle
In a voluntary winding-up the court may, under its statutory winding-up powers (then s.138 of the Companies Act 1862), authorise members/contributories to bring or continue proceedings in the company's name against its directors for breach of duty where the company itself (under the directors' control) will not do so.
Area of Law
General
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