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NLJ this week: Privy Council undresses the ‘shareholder rule’

© Copyright LexisNexis 2025. All Rights Reserved.
17 October 2025
Issue: 8135 / Categories: Legal News , Company , Dispute resolution , Privilege , Disclosure
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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments

Once likened to the emperor’s imaginary clothes, the rule—that companies cannot claim privilege against shareholders—was found baseless. Rejecting outdated trust analogies and joint-interest arguments, the court affirmed that companies and shareholders are distinct legal persons.

The decision secures confidentiality for boards and in-house lawyers but may prompt shareholder counsel to seek new contractual rights to information, reshaping corporate disclosure battles ahead.

Issue: 8135 / Categories: Legal News , Company , Dispute resolution , Privilege , Disclosure
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