The Irish High Court has ruled that shareholders no longer have an automatic right to access a company's privileged legal advice, abolishing the shareholder rule that previously allowed such disclosure. This landmark decision aligns Irish law with recent developments in England, Wales, and Bermuda, fundamentally reshaping the relationship between corporate privilege and shareholder information rights.
IrelandLitigation, Mediation & Arbitration
The Irish High Court reached the same conclusion as the Privy Council in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2) (Bermuda) [2025] UKPC 34, which abolished the rule in Bermuda and England and Wales (discussed in our previous insight here).
Shareholders challenge the company’s privilege claim
The defendants (comprising a shareholder in the plaintiff and indirect investors and their officers) challenged the plaintiff’s claim to privilege over certain documents, arguing that Irish law entitles shareholders to the production of legal advice given to the company and that the shareholder company relationship is “one of a group of recognised
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