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May 8, 2024 · In its judgment in Sharp Corp Ltd v Viterra BV [2024] UKSC 14, handed down on Wednesday 8 May 2024, the Supreme Court declared the ‘principle of mitigation’ to be as fundamental as the compensatory principle in the law of damages.
Aug 2, 2024 · The Supreme Court handed down judgment in Sharp Corp Ltd v Viterra BV [2024] UKSC 14 and found that the compensatory principle and principle of mitigation were both, indeed, fundamental to the law of damages.
Nov 2, 2015 · In Sharp and others v Blank and others [2015] EWHC 2681 (Ch), the High Court considered whether the defendants (in particular, Lloyds Banking Group plc) were entitled to assert privilege against the shareholder claimants in respect of certain legal advice.
- The Recommendation Case
- The Disclosure Case
- Conclusions
To the shareholders’ dismay, Norris J ruled that the circular was not an advisory document. Its purpose was to meet regulatory requirements and in fact it exhorted shareholders to consider forthcoming formal documentation concerning the acquisition and vote on that basis alone. Indeed the court went further, and found that a reasonably competent di...
The claimants argued that the circular had omitted material information about the perils of acquiring HBOS and provided negligent misstatements about associated risks. It was argued that the defendants had failed to disclose that HBOS was receiving emergency liquidity assistance (ELA) from the Bank of England and a £10bn loan facility from Lloyds. ...
So what of the statement made by the claimants that they were ‘mugged’? The frustration felt by many shareholders, particularly the smaller investors who had entrusted their entire nest-egg to the bank, was no doubt amplified when the judgment was handed down. However, the court was very careful to emphasise that the process of retrospective forens...
Nov 15, 2019 · The first judgment in a shareholder class action in England & Wales has been handed down by the High Court today in Sharp v Blank [2019] EWHC 3078 (Ch) (also known as The Lloyds/HBOS litigation).
Nov 16, 2023 · The ‘shareholder principle’, recognised in Sharp v Blank [2015] EWHC 2681 (Ch), provides that a company cannot assert privilege against its own shareholders, except where the privileged...
People also ask
Does a sharp practice in litigation have jurisdiction?
Can a company assert privilege against its shareholders in litigation?
What is a significant development in litigation?
Is sharp V Blank a 'get rid of' rule?
The Judge concluded that if an application for specific disclosure results in a large number of documents that must be reviewed and assimilated, that may be a significant development in the litigation.
