10@12 Webinar : Derivative Claims: a Practical Guide
11th October 2024
What are derivative claims, and why would you choose to issue one? What should a company do if one of its shareholders brings a derivative claim? How do the common law rules interact with the rules for a statutory derivative claim? Why is it all so complicated? Where can you get help?
The answers to these and many other pressing questions on derivative claims will be examined in this webinar by Matthew Parfitt and Carleen Sobczyk of Erskine Chambers, with a focus on practical guidance.
Matthew is the author of the derivative claims chapter in Gore Browne on Companies, and appeared in the recent leading case of Boston Trust Company Limited v Szerelmey Limited, an unusual derivative claim which proceeded all the way to trial. Carleen is fast developing a commercial, company and insolvency practice and has been working with Matthew on a number of cases since she started in chambers following secondments at Slaughter and May and Freshfields.
10 points that will be covered :
- Introduction
The statutory derivative claim - What actions can be brought under the statutory regime?
- The preliminary stage: permission to continue
- Bars to success
- Discretionary factors
The common law derivative claim - What type of claims?
- Differences to the statutory regime
General - Costs in derivative claims
- Use in climate litigation: a growing area?
- Conclusion: key takeaways
