Private Commercial Litigation Partner, Shona Coffer has contributed to an article for CDR News examining the Privy Council’s landmark decision in Jardine Strategic v Oasis Investments, a ruling that effectively abolishes the long‑standing Shareholder Rule in England and Wales. This major development in shareholder litigation confirms that companies can now rely fully on legal professional privilege against shareholders, providing greater certainty in corporate disputes.
Shona comments on the practical impact for directors: “Since complaining shareholders no longer have a right to see that advice, the director must decide strategically whether to disclose it – and, if so, whether doing so risks collateral waiver over the entirety of the advice obtained.”
Click here to access the article on CRD News, or here to read the full article and here for our previous article written by our Private Commercial Litigation and Dispute Resolution departments.