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ARTICLE · 16 NOVEMBER 2018

Oppression Proceedings In Private

Can litigants avoid a public hearing of a shareholder oppression action?

IrelandGovernment, Public Sector

This is the third article in our five-part series of guides on Shareholder Oppression.

GUIDE 3: OPPRESSION PROCEEDINGS IN PRIVATE

Can litigants avoid a public hearing of a shareholder oppression action?

In many cases the minority shareholder complaining of oppressive behaviour and the majority defending the complaint, will each have an interest in avoiding the media attention around a public airing of their grievances. While it is often in the interests of both parties to seek to keep the proceedings out of the public eye, it is almost invariably a priority of the majority to seek to do so.

The Irish Constitution protects the public administration of justice. This means that, save in special cases provided by law, members of the public must be allowed access to court hearings.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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