header-logo header-logo

Shareholder relief: finding clarity

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll