Eves v Crills [1998] JLR_Note 6c (10 February 1998)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
The court considered whether the applicant's claim fell within an exception to the rule in Foss v Harbottle, determining the applicability of the rule to the alleged infringement of minority shareholder rights.
Court disposition
not specified
02
Material facts
Parties
Eves
ApplicantCrills
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether the rule in Foss v Harbottle precludes a minority shareholder from bringing proceedings for infringement of rights
Party arguments
- Applicant
- The applicant contends that their rights as a minority shareholder have been infringed and seeks relief despite the rule in Foss v Harbottle.
- Respondent
- The respondent relies on the rule in Foss v Harbottle to argue that the applicant, as a minority shareholder, cannot bring the proceedings.
05
Court’s reasoning
Legal principles
- 01
Foss v Harbottle (1843) 2 Hare 461
The rule in Foss v Harbottle prevents individual shareholders from bringing actions for wrongs done to the company, except in certain exceptions.
06
Ratio, limits and disposition
Ratio decidendi
The court considered whether the applicant's claim fell within an exception to the rule in Foss v Harbottle, determining the applicability of the rule to the alleged infringement of minority shareholder rights.
Court disposition
not specified
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
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Judgment text
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Court record
Judgment
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