Our Expertise > Dispute Resolution > Shareholder & Investor Litigation
Shareholder & Investor Litigation
Campbells’ acts for shareholders, investors and other stakeholders in a broad range of contentious matters, including claims to enforce shareholder rights, just and equitable winding up petitions, minority oppression proceedings, bringing and defending derivative actions, dissenting shareholder fair value petitions under section 238 of the Companies Act and disputes arising from M&A transactions. Our team has extensive experience in some of the largest appraisal rights proceedings in the Cayman Islands and regularly advises on applications to enforce the rights of shareholders and investors to information.
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Representative matters
Just and equitable winding up petitions
- Acting for the largest shareholders of a centralized, multi-asset digital platform and exchange in successfully dismissing a just and equitable winding up petition presented by minority shareholders seeking a buyout order based on historic complaints of mismanagement.
- Acting for a 51% shareholder of a Cayman joint venture company in opposing a winding up petition brought by the 49% shareholder based on an alleged quasi-partnership, breach of legitimate expectation in relation to the management of the company and a breakdown in trust and confidence between the two shareholders.
- Acting for the petitioning minority shareholders of a Cayman Islands company who seek an order that the company be wound up on just and equitable grounds based on complaints that the company’s affairs, which operates in the PRC, have been managed for the benefit of its founder and controlling shareholder to the detriment of minority shareholders, improper related party transactions and self-dealing.
- Acted for a substantial not for profit health care system based the US with annual revenues of over US$1 billion, in successfully obtaining a winding up order against Virginia Solution SPC Ltd, a group captive insurance company, on the just and equitable ground at first instance in 2022. The winding up order was subsequently set aside on appeal on the finding of quasi-partnership, and is the leading case in the Cayman Islands on corporate quasi-partnerships.
- Acted for a Cayman Islands investment fund defending a petition by one of its principal investors to wind up the fund on the just and equitable ground. The fund was a leading credit fund operating in Argentina and Uruguay, with a net asset value of at least US$550 million.
Fair value appraisal actions
- Representing a group of dissenters in the largest appraisal rights litigation under section 238 of the Companies Act – the largest by value to date in the Cayman Islands, with aggregate debt owing to the dissenters at the merger price in the region of US$2 billion.
- Representing a group of dissenters in the largest appraisal rights litigation under section 179 of the BVI Business Companies Act.
Our key contacts
Guy Manning
Grant Carroll