The myth of tactical litigation in UK takeovers

Mukwiri, Jonathan

Abstract

The implementation of the Takeover Directive in the UK has resulted in ending the so-called self-regulation of takeovers. This change of regulatory framework was always feared for having the potential to create a culture of tactical litigation that would be detrimental to takeovers. In this article, these fears are assessed against the measures that prevailed at common law before the implementation of the Directive and against the measures in the Directive as implemented by the Companies Act 2006. This article concludes that it is unlikely that the implementation of the Directive will cause a litigation culture to arise in the regulation of UK takeovers.

Citation

Mukwiri, J. (2008). The myth of tactical litigation in UK takeovers. Journal of Corporate Law Studies, 8(2), 373-388

• Journal Article Type: Article
• Publication Date: Oct 1, 2008
• Deposit Date: Oct 18, 2010
• Publicly Available Date: Aug 30, 2011
• Journal: Journal of Corporate Law Studies
• Print ISSN: 1473-5970
• Electronic ISSN: 1757-8426
• Publisher: Taylor and Francis Group
• Peer Reviewed: Peer Reviewed
• Volume: 8
• Issue: 2
• Pages: 373-388
• Public URL: https://durham-repository.worktribe.com/output/1516541
• Publisher URL: http://www.ingentaconnect.com/content/hart/jcls/2008/00000008/00000002/art00007