Companies Act 2006 - Minority Shareholders Claims

Scotland is currently at the forefront of minority shareholder litigation.  The ongoing Wishart case in which we are involved has changed the landscape for individual litigants who are aggrieved that a Company refuses to sue one of its directors for breach of duty (for example). This is called a 'Derivative Action'. The Appeal Court has confirmed that, provided the Court gives permission to begin such a case, the Company must then pay all the costs of the litigation on an indemnity basis, win or lose. [Wishart, Petitioner [2009] CSIH 65]. For information on minority shareholder claims contact Paul Motion, Tony Jones or Alastair Dunn.

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