<Tr> <Th_colspan="2"> Keywords </Th> </Tr> <Tr> <Td_colspan="2"> Derivative action, separate legal personality </Td> </Tr> <P> Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law . In any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself . This is known as "the rule in Foss v Harbottle", and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the' derivative action', which allows a minority shareholder to bring a claim on behalf of the company . This applies in situations of' wrongdoer control' and is, in reality, the only true exception to the rule . The rule in Foss v Harbottle is best seen as the starting point for minority shareholder remedies . </P> <P> The rule has now largely been partly codified and displaced by the Companies Act 2006 sections 260 - 263, setting out a statutory derivative claim . </P>

1. identify the rule in the case of foss v harbottle
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