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12 April 2024 / Lizzie Shimmin , Sol Gelsomino
Issue: 8066 / Categories: Features , Procedure & practice , Company , Commercial
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Shareholder relief: finding clarity

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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

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Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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