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12 January 2024
Issue: 8054 / Categories: Legal News , Commercial
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NLJ this week: The rise of shareholder activism & the ‘shaky’ shareholder principle

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The basis of the shareholder principle is ‘shaky’, according to the recent High Court case of Various claimants v G4S

In this week’s NLJ, Lois Horne, disputes partner at Mcfarlanes and a London Solicitor Litigation Association (LSLA) Committee Member, takes a detailed look at the G4S judgment. She explains the practical importance of the principle, given the rise of shareholder activism and shareholder claims, and why there are doubts about its basis and scope.

The shareholder principle, as Horne explains, is ‘the principle that a company cannot assert privilege against its shareholders, except where the documents came into existence in contemplation of proceedings between the company and its shareholders’.

Horne notes the judge in G4S ‘was clearly struck by the absence of detailed consideration of the shareholder principle in previous cases’. However, some may also argue the principle is long-established. Horne highlights that practical difficulties may result and that the current rules are ‘problematic’.

Issue: 8054 / Categories: Legal News , Commercial
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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