Gardner v Parker: CA 25 Jun 2004

The court considered the extent to which a shareholder or creditor of a company who has suffered loss, as the result of a breach of duties owed both to him and the company by a defendant, is nonetheless debarred from recovering that loss, because the breach of duty also caused the company loss, which it is or was entitled to recover from the defendant.
Lord Justice Mance Mr Justice Bodey Lord Justice Neuberger
[2004] EWCA Civ 781, [2004] 2 BCLC 554, [2005] BCC 46
England and Wales
CitedGiles v Rhind ChD 24-Jul-2001
The company had suffered losses after an alleged breach of confidence by a director. The applicant sought to recover his losses as a shareholder, after the company became unable or unwilling itself to pursue an action to recover the losses it had . .

Cited by:
See AlsoGardner v Parker CA 16-Jul-2004
. .
CitedShahar v Tsitsekkos and others ChD 17-Nov-2004
The defendant wished to make a claim against another party outside the jurisdiction and was granted permission to serve documents which were headed ‘defence and counterclaim’. The proposed defendant argued that such a document could be served in . .
CitedWebster v Sandersons Solicitors (A Firm) CA 31-Jul-2009
The claimant apealed against refusal of permission to amend his claim for negligence against his former solicitors by adding claims from 1993 and 1994 . .

These lists may be incomplete.
Updated: 14 April 2021; Ref: scu.198412