Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
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.
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.
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.
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.
21 May 2021
The Court confirms the Legal Costs Principle in Shareholder Disputes
In the case of KOZA LTD and HAMDI IPEK –v- KOZA ALTIN IŞLETMELERI AS [2021] EWHC 786 (Ch), Mr Justice Trower awarded an injunction restraining Mr Ipek, Koza Ltd (“KL”)’s sole director, from causing KL to use its funds to pay legal costs in the litigation, which was in reality a shareholder dispute between Mr Ipek and Koza Altin Işletmeleri AS (“KAI”). The decision upholds the ‘legal costs principle’ in company disputes, which provides that a company’s money should not be spent on disputes between shareholders.
