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Company may not claim privilege against its shareholders - And the exception to the rule

The High Court has clarified the general rule that a shareholder is entitled to disclosure of all documents obtained by the company in the course of its administration, including advice by the company’s solicitors.

However, there is a well established exception where the advice taken by the company relates to actual or contemplated litigation between a shareholder and the company.

Sharp & Others –v- Blank & Others [2015] EWHC 2681 (Ch) (22 July 2015 but decision only recently made publicly available)

 

Posted on 12/05/2015 by Ortolan

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