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Oasis Investments II Master Fund Ltd and Others v Jardine Strategic Holdings Limited [2024] CA (Bda) 7 Civ

Area of Law: Company

Jonathan Adkin KC and Adil Mohamedbhai continue to act for the dissenters in Re Jardine Strategic Holdings Limited, a multi-billion-dollar shareholder appraisal action in Bermuda concerning the Jardine group of companies, a Fortune Global 500 group of companies and one of the largest conglomerates in the world.

In December 2023, Adil assisted the dissenters in successfully resisting the company’s appeal challenging the well-established principle that a company cannot claim privilege against existing or former shareholders other than where the documents are brought into existence for the purpose of a dispute between a company and its shareholders. At first instance, Hargun CJ had recognised the principle.

The Bermuda Court of Appeal (Clarke P, Bell JA and Kawaley JA) confirmed the existence of the principle.

The judgment can be found here