96 S. African L.J. 203 (1979)
The Shareholder's Derivative Action - A Comparative Study of Procedures

handle is hein.journals/soaf96 and id is 217 raw text is: THE SHAREHOLDER'S DERIVATIVE
(This paper by the late Oliver Conrad Schreiner was written in 1977.
In March 1978 Oliver Schreiner was killed in the streets of Cambridge by a
hit-and-run driver. At a memorial gathering of friends at St Aiphege's Hall
in Pietermaritzburg on 28 March 1978 tributes were paid to the memory
of this outstanding young man, son of Professor G D L Schreiner, Vice-
Principal of the University of Natal, grandson of Dr the Hon 0 D Schreiner,
former judge of appeal, and great-grandson of W P Schreiner, Prime Minister
of the Cape Colony. Professor E M Burchell, Dean of the Faculty of Law
of the University of Natal, referred to Oliver Schreiner's remarkable
academic achievements during his legal studies at the University of Natal.
'Without doubt, he was one of the most outstanding students in the history
of the Faculty-in my view, intellectually he had the edge on the other top
few. Not only did he merit the award of the degree of Bachelor of Laws
with distinction, the standard of his achievements can only be described as
phenomenal. . . . His papers showed an excellent grasp of the subject, as
well as wide reading and deep and clear thinking; and they were couched in
succinct and impeccable language. Indeed, it was hard to realize that they
had been written under examination conditions.' Professor Burchell referred
to Oliver Schreiner's winning the moot prize in each year of his studies,
and his being awarded many academic prizes. He went on to say: 'It was,
therefore, no surprise to us when he was awarded an Elsie Ballot Scholar-
ship which took him to Cambridge in October 1975 for postgraduate study
in law. Following the tradition set by his father and grandfather, he went
up to Trinity College. Within his first two months at Cambridge, while
at the same time he was preparing for, and writing, his three remaining
Natal LLB examinations, he achieved the unusual distinction of winning a
squash blue as a freshman; and he went on, at the beginning of the second
year, to captain the Cambridge squash team to the first victory over Oxford
in five years. A first in the Cambridge LLB degree in mid-1976 led to
further academic honours, including a valuable Roman-Dutch Law prize,
and his being named as the top Trinity College law student. By the time of
his death, Oliver had been accepted to read for the Cambridge degree of
Doctor of Philosophy and he had completed the first chapter of his thesis.
And he was about to be accorded the signal honour of being offered a
fellowship at Trinity College-at the young age of 27. But Oliver was much
more than an outstanding scholar and sportsman. With all his achievements,
he was a modest and engaging young man. He was unselfishly ready to
share his brilliance .... He was vital, sensitive and deeply concerned for, and
actively interested in, the less fortunate. He had a lively and subtle sense of

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