n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The fate of under the Companies Act 71 of 2008 : analyses




There has been much commentary on, and criticism of, the common-law rule in ('the rule') and the restrictions it imposed on the bringing of derivative actions on behalf of companies. (See, eg, KW Wedderburn 'Shareholders' Rights and the Rule in Foss v. Harbottle' (1957) 93, (1958) 93; OC Schreiner 'The Shareholder's Derivative Action - A Comparative Study of Procedures' (1979) 96 203; MS Blackman 'Companies' in: WA Joubert (founding editor) vol 4, part 1 First Reissue (1997) in pars 189-216. For a useful overview of English case law on the rule, see the judgment of Vinelott J at first instance in [1981] Ch 257.)


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