High Court refuses permission for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directors

18 May, 2023
In a significant decision for boards seeking to grapple with how to respond to the impact of climate change on their company’s business, the High Court has refused permission for ClientEarth, a minority shareholder in Shell plc, to continue a derivative action on behalf of the company against its directors (the Directors) under s.261(1) of the … Read more

Supreme Court decision gives further clarity on claims by distressed companies against directors

03 March, 2023
Although not directly concerned with directors’ liabilities, the recent Supreme Court judgment in Stanford International Bank Ltd v HSBC Bank PLC provides further clarity on the circumstances in which a distressed or insolvent company may seek to make claims against its directors. INTRODUCTION The key aspects affecting directors’ liabilities presented in the Supreme Court ruling are that: … Read more

Updated proxy voting guidelines

09 December, 2022
Institutional Shareholder Services (ISS) and Glass Lewis have published updates to their proxy voting guidelines for the 2023 AGM season. Both ISS and Glass Lewis support the updated 2022 Pre-Emption Group Statement of Principles on the disapplication of pre-emption rights and will not recommend votes against resolutions for authorities sought and used in line with … Read more

Our practical guide to remedies for breach of contract

05 March, 2021
Establishing that a counterparty is in breach of contract is only the first hurdle to obtaining proper redress. It is just as important for the innocent party to show that it has suffered a loss as a result of the breach, and to prove what that loss is, or to establish that it should be … Read more