Has the statutory derivative claim fulfilled its objectives? The hypothetical director and CSR

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Abstract

This article follows on from the discussion on establishing a prima facie case and the mandatory bars in derivative claims. First, the second stage of the test will be considered, covering the standard of proof and how the court as a hypothetical director is meant to analyse board decisions: is the test objective or subjective? An analysis will follow on corporate social responsibility and its relationship to derivative claims considering issues such as finance and internal and external responsibilities.
Original languageEnglish
Article number32(3)
Pages (from-to)76-82
Number of pages7
JournalThe Company Lawyer
Volume32
Issue number3
Publication statusPublished - 2011

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