header-logo header-logo

12 April 2024 / Lizzie Shimmin , Sol Gelsomino
Issue: 8066 / Categories: Features , Procedure & practice , Company , Commercial
printer mail-detail

Shareholder relief: finding clarity

167831
The Court of Appeal has set a clearer path for shareholders seeking multiple forms of relief following wrongdoing in a company. Lizzie Shimmin & Sol Gelsomino report
  • In Ntzegkoutanis v Kimionis and others [2023], the Court of Appeal clarified the circumstances in which minority shareholders can seek relief in favour of a company in unfair prejudice proceedings, without needing to engage the derivative action statutory regime.
  • This judgment sets out a helpful list of key legal principles on seeking relief on behalf of the company by a minority shareholder via an unfair prejudice petition. It includes safeguards to protect against perceived attempts to improperly bypass the derivative action statutory regime.

There has, to date, been a lack of clarity on the circumstances in which a shareholder may seek relief on behalf of a company as part of an unfair prejudice petition. The distinction is important given the stringent requirements of the derivative action regime, and because of concerns that a shareholder may bypass that regime by effectively bringing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll