Robertson v Slous [2000] JLR 246 (12 July 2000)
- Citation
- [2000] JLR 246
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Derivative Action / Judgment
More details
- Posture
- Derivative Action / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A derivative action cannot be pursued under the exception to Foss v. Harbottle if the plaintiff has alternative remedies available.
Court disposition
Derivative action unavailable
02
Material facts
Parties
Robertson
PlaintiffSlous
Defendant03
Procedural history
Posture
Derivative Action / Judgment
04
Questions and positions
Legal issues
Whether a derivative action can be brought under the exception to Foss v. Harbottle when alternative remedies are available
Party arguments
- Applicant
- The plaintiff sought to bring a derivative action in respect of a corporate wrong, relying on the exception to the rule in Foss v. Harbottle.
- Respondent
- The defendant argued that a derivative action was unavailable because alternative remedies existed.
05
Court’s reasoning
Legal principles
- 01
Foss v. Harbottle
A derivative action under the exception to Foss v. Harbottle is unavailable if alternative remedies are available.
06
Ratio, limits and disposition
Ratio decidendi
A derivative action cannot be pursued under the exception to Foss v. Harbottle if the plaintiff has alternative remedies available.
Court disposition
Derivative action unavailable
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.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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