Bairstow v Queens Moat Houses Plc | |
Court: | Court of Appeal of England and Wales |
Full Name: | Bairstow & Others v Queen's Moat Houses Plc |
Citations: | EWCA. Civ. 2001. 712. |
Opinions: | Robert Walker LJ |
Keywords: | Unlawful distribution |
Bairstow v Queens Moat Houses Plc [2001] EWCA Civ 712 is a UK company law case concerning shares.
Counsel argued that directors should be liable for unlawful distributions even when the company was solvent.
Robert Walker LJ held that the idea that investors were getting a windfall was wrong. However it may be possible that in suing the directors, an equitable contribution from shareholders could be payable. That argument was not, however, raised here.
Sedley LJ concurred.