← All Authorities
United Kingdom winding upderivative claimdirectors duties

re Bank of Gibraltar and Malta

(1865) LR 1 Ch App 69
JurisdictionUnited Kingdom
CourtCourt of Appeal in Chancery (England and Wales)
Year1865
StatusPersuasive authority

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

Related Cases

TNLC & Anor v Gambling Commission & Ors [2026] EWHC 891 (TCC)
Aabar Holdings S.A.R.L. and others v Glencore Plc and others [2026] EWHC 877 (Comm)
Waterside Class Limited v Mowi ASA & Ors [2026] CAT 32

Ask CommonBench about this case

Get a detailed analysis of re Bank of Gibraltar and Malta and how it applies to your situation.

Explain re Bank of Gibraltar and Malta