RE: Today's Hearing13 Sep 2023 16:28
Summit, you ask a client for their version of events, if they say they own something but can't prove it, then obviously you advise them of the risks, and your views that they should probably look at settling. The fundamental question here is about the ownership of shares, following the loss of the certificates, and the share register is what essentially matters as there is a legal obligation on the company to keep that updated and to produce it on demand in certain circumstances. Bear in mind, all shares are now registered electronically. I doubt very much that the claimants would have been advised to pursue the case unless they are shown on the share registers as having ownership of the shares. I don't recall seeing anything in the pleadings to suggest they transferred them to anyone, but then again, even if they had, the new owner(s) should have made themselves known to the share registrar, but there's been no hint of that to my recollection. If I were the claimants, I'd let the case roll on to trial now, what have they got to lose in reality, not a lot other than to pay the company's legal fees if they lose, but they've got far more to gain from it if they should win, as they will be entitled to substantial damages in my view, so let it roll on. my views.