Derivative Claims Quantitative Analysis 1874-2017

The data looks to explore how the statutory derivative claim procedure is being applied de facto when compared with the equitable procedure. We investigate whether the procedure is more accessible to shareholders to increase their incentives to litigate. We do this through inference by analysing whether more claims establish a prima facie case, less time is spent in court, and whether more claims are successful. We also use the data to consider the effect the statutory procedure has on approximating the ‘efficient contract’ between shareholders and directors in achieving the corporate purpose of maximising the wealth of the company. If more claims are successful this may only tell us how the incentives are biased between the actors. To infer from the data conclusions about the corporate purpose we analyse the change between the two procedures concerning the quality and type of claims that have been brought.