Article published on derivative claims and unfair prejudice petitions

Following the financial crisis of 2007 there has been a growing trend of shareholder activism in the UK, which looks set to increase in the foreseeable future.  The two key legal avenues which shareholders may use to vindicate their rights are the presentation of an unfair prejudice petition and the bringing of a derivative action under, respectively, sections 994 and 260 of the Companies Act 2006.

Gary Milner-Moore, partner, and Tom Henderson, associate, each in our dispute resolution team, have published an article in the July – September 2015 edition of Corporate Disputes magazine which reviews the key authorities on both approaches since the introduction of the Companies Act, examines the bars to relief that may arise and offers practical guidance on the most appropriate method to pursue. Click here to download a PDF of the article: “Derivative claims and unfair prejudice petitions".