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Shareholder and Boardroom Disputes

14 October 2024

A Tangled Web: Director ties himself in knots, then loses summary judgment battle in breach of duty claim

In PK INVESTMENTS LIMITED v (1) SEBAJEEVAN SABARATNAM & Anor [2024] EWHC 2188 (Ch) PK Investments Limited (“PK”) was awarded summary judgment against Mr Sebajeevan Sabarantnam (“S”) for breaching his directors’ duties by causing Finno Medical Limited (the “Company”) loss following a series of high-risk and undocumented transactions.

Richard Clayman

16 April 2024

Climate activists vs. Big Oil: The legal struggle continues

ExxonMobil Corporation (“Exxon”), one of the world’s largest oil companies, filed a lawsuit in the US earlier this year in an attempt to prevent a shareholder climate resolution calling on the company to accelerate the pace of reductions in greenhouse gas emissions. 

Katie Allard

28 June 2023

ClientEarth v Shell PLC – High Court dismisses claim as environmental charity fails to show “prima facie case” to continue

ClientEarth received a significant setback when, on 19 May 2023, the High Court dismissed its application for permission to bring a derivative claim on behalf of Shell plc against the company’s directors. The “first of its kind” high profile climate-litigation could be over before it’s even begun. The NGO must now convince the court to reconsider its decision in an oral hearing if it is to keep the claim alive.

Katie Allard

1 March 2023

ClientEarth v Shell PLC: A new era for ESG and climate change litigation that’s turning up the heat for company directors

ClientEarth has now issued its threatened derivative action against Shell plc in the High Court of England and Wales. The claim, apparently bolstered by significant institutional investor support (making up 12 million shares in the company), shows that the growing trend in ESG and climate-related litigation is here to stay, and businesses must prepare for a green energy transition.

Katie Allard

15 October 2021

“Lights. Camera. Action!” – Re Motion Picture Capital and standing for minority shareholders to bring unfair prejudice petitions

In the recent case of Re Motion Picture Capital Limited [2021] EWHC 2504 (Ch), the Court greenlit an unfair prejudice petition presented by a minority shareholder who no longer held shares in the relevant company at the time his petition was heard. The petitioner’s position was "Show me the money!", requesting an order that the company purchase his shares at a price reflecting the company’s value, even though his shares had already been transferred into the names of the company’s nominees.

Fiona Simpson

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