(1) Any shareholder of any of the companies involved in a division who has suffered loss or damage by reason of misconduct in the preparation or implementation of the division by a director of any such company or by the independent person who has made a report under Regulation 28 shall be entitled to have such loss or damage made good to him by -
(a) in the case of misconduct by a person who was a director of that company at the date of the draft terms of division - that person,
(b) in the case of misconduct by any independent person who prepared a report under Regulation 28 in respect of any of the companies - that person.
(2) Without prejudice to the generality of paragraph (1), any shareholder of any of the companies who has suffered loss or damage arising from the inclusion of any untrue statement in the draft terms of division, the explanatory report, the independent person's report or the accounting statement shall, subject to paragraphs (3) and (4), be entitled to have such