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Wallersteiner v Moir (No 2)
''Wallersteiner v Moir (No 2)'' () QB 373 is a UK company law case, concerning the rules to bring a derivative claim. The updated law, which replaced the exceptions and the rule in ''Foss v Harbottle'', is now contained in the Companies Act 2006 sections 260-264, but the case remains an example of the likely result in the old and new law alike.
This case followed on from a previous decision, ''Wallersteiner v Moir'',〔() 1 WLR 991〕 that concerned piercing the corporate veil.
==Facts==
Mr Moir, a minority shareholder, in the course of an ongoing battle over a company owned Dr Wallersteiner, applied for money to continue a claim against Dr Wallersteiner for fraud. Dr Wallersteiner had bought a company called Hartley Baird Ltd using money from the company itself, in contravention of the prohibitions on financial assistance (under Companies Act 1948 s 54 and 190). He had got 80% of the company. Mr Moir was one of the 20% remainder shareholders. Wanting to expose Dr Wallersteiner’s various dealings, he circulated a letter to shareholders. Dr Wallersteiner sued for libel.
Mr Moir counterclaimed, and joined two of his companies as defendants, for £500,000 to be repaid. In a first judgment (''Wallersteiner v Moir'') the Court of Appeal held that the libel action would be struck out for deliberate delay and awarded £235,000 in damages to Mr Moir, but gave Dr Wallersteiner leave to defend the remaining issues, including fraud. Dr Wallersteiner claimed that interest could not be awarded under Law Reform (Miscellaneous Provisions) Act 1934. As this was going on, Mr Moir was running out of money and made an application for funds to continue the action.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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