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Derivative Claim - Update

18 Jun 2015 08:50

RNS Number : 5360Q
Elektron Technology PLC
18 June 2015
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Elektron Technology plcΒ 

("Elektron" or the "Company")

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Derivative Claim - Update

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In its 2015 Annual Report, on page 18, the Company provided an update in relation to the derivative litigation brought by a shareholder, Mr Bridge, who holds at the date of this announcement 1.83% of the Company's ordinary shares.

On 16 and 17 June 2015 Mr Bridge's application for permission to continue the intended claim against certain current directors, Keith Daley and John Wilson, and certain former directors, Noah Franklin and Simon Acland, (together "the Directors") was considered by the High Court in the Liverpool District Registry.

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Mr Bridge represented himself at the hearing and both the Company and the Directors were represented by counsel instructed by their respective solicitors.

Permission has been refused by His Honour Judge Hodge QC with the effect that, subject to rights of appeal, the Derivative Claim will not continue.

In his judgment refusing permission, and addressing the Company's case, Judge Hodge QC was entirely satisfied that this was a clear case where the Court should refuse permission. The nature and strength of the claim, in light of the evidence of the Directors and the difficulty in establishing loss to the Company, were such that no reasonable director would support continuation of the litigation.His Lordship was satisfied that the Court should not compel the Company to continue the litigation when disinterested shareholders were not in support, and neither was the independent board.The Judge, having noted that a failure to properly and impartially consider the Company's evidence was a feature that had permeated all of Mr Bridge's submissions, accepted the Company's submission that the way Mr Bridge had conducted the litigation meant that it would not be appropriate to allow him to conduct litigation on the Company's behalf, or to require the Company to lend its name to the action.Mr Bridge has been ordered to pay all the costs of the Company and the Directors. He must make payments on account in the sums of Β£40,000 (in respect of the Company's costs) and Β£50,000 (in respect of the costs of the Directors) by close of business on 15 July 2015. Further, costs incurred after the wasted hearing on 1 October 2014 have been awarded on the indemnity basis as, by that time and with the benefit of legal representation, Mr Bridge should have seen the action as doomed for failure. His decision to continue it took the case "outside the commercial norm".

Mr Bridge did not apply for permission to appeal at the hearing, but he has 21 days from 17 June 2015 to do so. Any application for permission would need to be made to the Court of Appeal, setting out his grounds.Further updates will be provided in due course as appropriate.

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For further information:

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Elektron Technology www.elektron-technology.com

+44 (0) 1223 371 000

Andy Weatherstone - Chief Financial Officer

Martin Reeves - Company Secretary

finnCap

+44 (0)20 7220 0500

Ed Frisby/Scott Mathieson (Corporate Finance)

Malar Velaigam (Corporate Broking)

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Notes to Editors

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Elektron conceives, designs and markets innovative engineered products and services for businesses at its technology hub in Cambridge. It has a multi skilled team of engineers and product line specialists focused on the opportunities created by disruptive global trends in the following areas:

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Β· Demand for ubiquitous power and data: Connectivity Solutions

Β· Internet of Things, cloud computing and mobile devices: enabling automation and management of a new wave of business processes: Checkit

Β· Growth in high precision manufacture: Nano-positioning

Β· Healthcare for the ageing population: Ophthalmology

Β· Connected customer experiences and service delivery: E-Commerce and E-Service

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In addition, Elektron owns a portfolio of well-established products and brands which provide customer access and feedback.

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Elektron Technology is headquartered in Cambridge and its shares are admitted to trading on the AIM market of the London Stock Exchange.

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This information is provided by RNS
The company news service from the London Stock Exchange
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END
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MSCLIFSDRAITLIE
Date   Source Headline
20th Apr 20162:54 pmRNSDerivative Claim - Update
22nd Feb 20167:00 amRNSTrading Update
26th Jan 20167:00 amRNSDirectorate Change
20th Jan 20163:22 pmRNSHolding(s) in Company
25th Nov 20157:00 amRNSProduct Launch
24th Nov 20153:21 pmRNSHolding(s) in Company
10th Nov 20157:00 amRNSTrading Update
19th Oct 20153:41 pmRNSDerivative Claim - Update
5th Oct 20157:00 amRNSProduct Launch
28th Sep 20157:00 amRNSDirector's Dealing
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10th Sep 20157:00 amRNSDirectorate Changes
10th Sep 20157:00 amRNSHalf Yearly Report
30th Jul 20154:45 pmRNSResult of AGM
23rd Jul 20159:00 amRNSTrading Update
22nd Jul 20157:00 amRNSDerivative claim - update
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6th Jul 20153:49 pmRNSNotice of AGM
26th Jun 20154:00 pmRNSHolding(s) in Company
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12th Jun 20154:42 pmRNSAnnual Report and Financial Statements
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7th Apr 20151:41 pmRNSHolding(s) in Company
12th Feb 20157:00 amRNSYear end trading update
28th Jan 201512:45 pmRNSDerivative Claim - Further Update
24th Nov 20147:00 amRNSTrading update
2nd Oct 20147:00 amRNSDerivative Claim - Update
31st Jul 20146:06 pmRNSResult of AGM
31st Jul 20147:00 amRNSAGM Statement
25th Jul 201411:15 amRNSDirector/PDMR Shareholding
17th Jul 201412:15 pmRNSResult of Open Offer
9th Jul 20148:00 amRNSNotice of AGM
25th Jun 20145:42 pmRNSHolding(s) in Company
23rd Jun 20147:00 amRNSPlacing and Proposed Open Offer
23rd Jun 20147:00 amRNSUnaudited full year results
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17th Jun 20147:00 amRNSStatement regarding Elektron Technology plc
2nd Jun 20145:33 pmRNSForm 8 (OPD) Microgen plc
2nd Jun 201412:35 pmRNSForm 8.3 - [Microgen Plc]
27th May 20142:10 pmRNSStatement re Elektron Technology Plc
21st May 20149:00 amRNSResponse to Microgen
20th May 201412:39 pmRNSFurther Statement Re Elektron Technology Plc
20th May 201410:20 amRNSStatement re Elektron Technology
13th May 20143:20 pmRNSStrategic Alternatives Process Update
29th Apr 201410:09 amRNSHolding(s) in Company - Replacement
25th Apr 20142:03 pmRNSForm 8.3 - Elektron Technology Plc
25th Apr 20141:45 pmRNSForm 8 (DD) - [Elektron Technology PLC]
23rd Apr 20145:32 pmRNSForm 8.3 - [Elektron Technology Plc]

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