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Press Round-Up: Regulatory and Professional Discipline – May 2026
Jack Garden
As noted in those previous articles, in the 2024 case of Aabar v Glencore Mr Justice Picken gave a landmark ruling and decided that the general “shareholder principle” does not exist in English law. The Claimant sought to appeal directly to the Supreme Court. However, the Supreme Court declined the leapfrog appeal, taking the view that the same issue would be resolved in an upcoming Privy Council decision in Jardine Strategic Limited v Oasis Investments II Master Fund Ltd & Ors No 2.
That judgment is now out and confirms that the shareholder principle should no longer be recognised under English law. The Board of the Privy Council held that held that the status-based automatic shareholder rule is “now, and in truth has always been, a rule without justification".
In summary, the Board found that:
The Privy Council also issued a “Willers v Joyce direction”, which means that the decision binds the courts of England and Wales, thereby confirming the position following Aabar v Glencore.
This is an important decision for those involved in company-shareholder disputes. It means that shareholders will no longer be able to rely on the shareholder principle to obtain copies of privileged legal advice that they would otherwise not be entitled to see.
Hannah is a Senior Associate in the Dispute Resolution team. Hannah advises on a broad range of contentious matters for clients that include individuals, corporates, trustees and professionals. Hannah regularly advises on complex and high value disputes, including those with a cross-border element. Hannah has a particular interest in civil fraud matters and ESG (Environmental, Social and Governance) litigation.
The recent Court of Appeal decision in Song & Zhao v Smith & Others [2026] EWCA Civ 719, provides some useful reminders about the interplay between alleged breaches of director’s duties, insolvency and the unfair prejudice remedy.
For a number of sports, this time of year traditionally marks the end of the season - a moment when professional players down tools, fans digest another campaign, and those who work in and around sport draw breath.
The Fair Work Agency (FWA) was established under the Employment Rights Act 2025 (ERA 2025) on 7 April 2026 as an executive agency of the Department for Business and Trade, consolidating labour market enforcement functions previously carried out by other authorities.
This Dementia Action Week, we are shining a light on an issue that affects thousands of families across the UK: the misappropriation of assets from people living with dementia.
Although the King’s Speech on 13 May 2026 contained an ambitious 37 bills for the next parliamentary session, there was a notable exception for litigators.
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of January - March 2026.
Many people mistakenly believe that once they've established residency outside the UK, HMRC's authority over their tax affairs ceases to exist. However, HMRC retains the power to examine historical matters stretching back up to two decades in the most serious cases, and UK-situated assets remain within their jurisdiction regardless of where the owner physically resides.
Costs in tax litigation often catch even experienced advisors off guard. Unlike other areas of civil litigation, where costs consequences are ever-present and a continuous strategic consideration, proceedings before the First-tier Tax Tribunal (Tax Chamber) (“FTT”) are often approached with less emphasis on potential costs exposure.
Privacy and confidentiality in tax cases have always been important, particularly where the taxpayer is someone in the public eye. Whilst a tax enquiry, or indeed litigation, does not mean that the taxpayer has ‘done something wrong’, there are certain negative inferences made by the public and media which could impact future opportunities for the individual or corporate involved.
One of the benefits of an appeal before the First-tier Tax Tribunal (“the Tribunal”) is that it is seen as less formal than an appeal in the Higher Courts. However, the Court of Appeal's recent ruling in HMRC v Medpro Healthcare [2026] is a reminder in case it was needed that deadlines matter in tax disputes and securing permission for a late appeal is not guaranteed.
Section 994 of the Companies Act 2006 provides one of the most important protections available for shareholders - allowing a shareholder to apply to the court by petition for relief where “the company’s affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of members generally or of some part of its members (including at least himself),…”. These claims are often termed as “corporate divorce”.
The 2026 Winter Olympic Games in Italy are in full swing, showcasing athletic excellence on the world stage. At the time of writing, British hopes remain high despite some agonisingly close finishes, with Kirsty Muir, Mia Brookes, Jen Dodds and Bruce Mouat all delivering thrilling performances that placed them just outside the medals.
2025 was a notable year for arbitration in England & Wales, marked by legislative change, technological advances, and significant judicial developments that continue to shape the arbitration landscape.
2025 produced many interesting decisions in trust and estate disputes in the courts of England & Wales. We consider just a few of those key decisions below, which illustrate that the outcome in cases of this nature remains highly dependent on the particular facts of the case and available evidence.
There has been a trend in recent years of seeking to use data protection claims as a means of obtaining redress for reputational harm, which would traditionally have been sought through defamation proceedings.
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of October - December 2025.
In Rachel Reeve’s Budget on 26 November 2025, the Chancellor set out plans, among other things a to tackle fraud within the Construction Industry Scheme (“CIS”) and announced a technical consultation “aimed at simplifying and improving the administration of the scheme”.
In Rachel Reeve’s Budget on 26 November 2025, the Chancellor set out plans, among other things a to tackle fraud within the Construction Industry Scheme (“CIS”) and announced a technical consultation “aimed at simplifying and improving the administration of the scheme”.
The recent Supreme Court judgment in King Crude Carriers SA and others v Ridgebury November LLC marks a significant development in English contract law.
The decision arose from an appeal against an arbitration award and addresses the fundamental question of whether the so called “deemed fulfilment” principle established by the 1881 Scottish Appeal case of Mackay v Dick exists in English Law.
In 2025, two High Court rulings, Apollo XI Ltd v Nexedge Markets Ltd and J&J Snack Foods Corp & ICEE Corp v Ralph Peters & Sons Ltd highlighted the strict nature of the duty of full and frank disclosure in without notice applications.
In both cases, the court discharged freezing injunctions after finding that the applicants had failed to meet the requisite standard of candour and fair presentation. These decisions serve as a clear reminder that when seeking urgent relief without notifying the other party, applicants must present all material facts - including those that may undermine their case, and ensure the court receives a balanced and accurate account.
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Jack Garden
Jenny Higgins
Richard Clayman
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