Who can I take action against?

 

Contents

 

Who might be sued (who can I take action against?)

Corporate Groups

Stakeholders

Agents and Accessories

Those who have gained from the wrongs of others

 

 

 

 

 

 

 

 

 

 

Who might be sued ?

 

A key part of any litigation strategy is to identify who you might sue. There is little point in taking action against someone unless:

 

There is a court or tribunal that has jurisdiction to hear a claim or case involving them

You have a real chance of getting a court order against them

You have a real chance of enforcing that court order

 

The appropriate person or person to sue may not always be the ones that first come to mind, like the person who actually did the acts you are complaining of. They might include

 

The party who is directly responsible for the harm that has been caused. This may be

an individual or group of individuals

a national or regional government, department or institution

a corporation

 

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Corporate Groups

– actions against parents/associated companies.

 

Many companies have a complex structure with the main company or “parent” situated in one country – perhaps a developed one and other “subsidiaries” elsewhere – perhaps where harm complained of is actually carried out. It may be possible and useful to sue the “parent” or associated” company of the one who actually committed the harm, especially if the subsidiary acted on instructions of the parent. This is a complex issue and for more see [...]

 

 

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Stakeholders - Sometimes a remedy may lie not only against a company, but those connected with it.

 

These might include

*** directors and other officers,

*** shareholders/investors,

*** its bankers/lenders

*** its insurers,

*** its advisers such as auditors.

*** Successors to its property, interests, rights or liabilities

 

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Agents and accessories.

Whoever is directly responsible for acts or harm, there may also be liability on

*** The people through whom they acts, such as agents or consultants

*** Those who assist, incite or encourage such action, or conspire to do it

 

Those who have gained from the wrongs of others.

For example if land is wrongfully taken by party A, it may be possible to bring a claim against party B who has taken or bought products grown on the wrongly taken land, especially if they have knowledge of the wrongful taking of the land.