header-logo header-logo

12 January 2024
Issue: 8054 / Categories: Legal News , Commercial
printer mail-detail

NLJ this week: The rise of shareholder activism & the ‘shaky’ shareholder principle

152799
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
printer mail-details

MOVERS & SHAKERS

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll