“…inciples established by earlier case law, and in particular the leading case of Gerber Garment Technology Inc v Lectra Systems Ltd [1995] RPC 383 (Jacob J) and [1997] RPC 443 (CA), noting that it was common ground between the parties (except for one point which is no longer material):…”
“…“With respect, I cannot accept this either. As Hobhouse LJ observed in Gerber Garment Technology Inc v Lectra Systems Ltd [1997] RPC 443, 471, if the company chooses not to exercise its remedy, the loss to the shareholder is caused by the company's decision not to pursue its remedy and not by th…”