Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field.
Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory.
Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation.
To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today.
It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.
Part One: Explaining the Company
1. Salomon v Salomon [1896] UKHL 1, [1897] AC 22
Marc Moore (University College London, UK)
2. Quin & Axtens v Salmon [1909] AC 442
Jonathan Hardman (University of Edinburgh, UK)
3. Bushell v Faith [1970] AC 1099
David Cabrelli (University of Edinburgh, UK)
Part Two: Shareholders As Between Themselves
4. Allen v Gold Reefs [1900] 1 Ch 656
Adaeze Okoye (University of Brighton, UK)
5. Hickman v Kent and Romney Marsh [1915] 1 Ch 881
Eva Micheler (London School of Economics and Political Science, UK)
6. Greenhalgh v Arderne Cinemas [1951] Ch 286
Daniel Attenborough (Durham University, UK)
7. Russell v Northern Bank [1992] 1 WLR 588
Blanaid Clarke (University College Dublin, Ireland)
Part Three: Protecting the Minority
8. Foss v Harbottle (1843) 2 Hare 461, 67 ER 89
Susan Watson (Auckland University, New Zealand)
9. Ebrahimi v Westbourne Galleries Ltd [1973] AC 360
10. Smith v Croft (no 2) [1988] Ch 114
Arad Reisberg (Brunel University, UK)
11. O’Neill v Phillips [1999] 1 WLR 1092
Paddy Ireland (University of Bristol, UK)
Part Four: Way Directors Act
12. Burland v Earle [1902] AC 83
Victoria Barnes (Max Planck Institute, Germany)
13. Cook v Deeks [1916] 1 AC 554
Camden Hutchison (University of British Columbia, Canada)
14. Re City Equitable Fire Insurance Co [1925] Ch 407
Andrew Keay (University of Leeds, UK)
15. Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821, PC
Andrew Johnston (University of Warwick, UK)
16. Re Produce Marketing Consortium (no 2) [1989] 5 BCC 569
17. Re Sevenoaks Stationers (Retail) Ltd [1991] Ch 164
Sally Wheeler (Australian National University, Australia)
Part Five: Financing the Company
18. Re Brightlife [1987] 1 Ch 200
Joan Loughrey (Queen's University Belfast, UK)
19. Siebe Gorman v Barclays Bank [1979] 2 Lloyd’s Rep 142
Sarah Paterson (London School of Economics and Political Science, UK)
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