23/2/24
THG PLC v ZEDRA TRUST COMPANY (JERSEY) LTD [2024] EWCA Civ 158
Unfair prejudice petitions are subject to a 6 year limitation period under s.9 Limitation Act 1980 where the only relief sought is the payment of money, whether liquidated or unliquidated [129].
12/12/23
NTZEGKOUTANIS v KIMIONIS [2023] EWCA Civ 1480
Where an unfair prejudice petition seeks both relief in favour of the company and relief that would not be available in a pure derivative claim, and the petitioner appears to be genuinely interested in obtaining the latter, both claims can be brought within unfair prejudice proceedings. In the present case, therefore, the judge had been wrong to strike out claims made within unfair prejudice proceedings that a director and companies associated with him were liable to account to the company for knowing receipt and dishonest assistance.
17/1/20
ZEDRA TRUST COMPANY (JERSEY) LTD v THE HUT GROUP LTD [2020] EWHC 5 (Ch)
The court refused to strike out an unfair prejudice petition as an abuse of process and rejected a claim that the petition was in reality a derivative claim.
8/10/19
BADYAL v BADYAL [2019] EWCA Civ 1644
The trial judge had correctly refused a winding-up order on grounds of unfair prejudice in a case where any breakdown in trust and confidence between the members in a “quasi-partnership” had been caused by the claimant’s own misconduct.
28/6/19
DINGLIS v DINGLIS [2019] EWHC 1664 (Ch)
The conduct of the first respondent (who owned/controlled a majority shareholding via the second respondent) had been unfairly prejudicial to the petitioner (a minority shareholder) and in breach of the first respondent’s duties under the Companies Act 2006 ss 172 and 177. The respondents were ordered to buy the petitioner's shares.
29/5/19
MICHEL v MICHEL [2019] EWHC 1378 (Ch)
Summarises applicable principles for a finding of unfair prejudice [73]. On the facts the claim failed because there had been no quasi-partnership and the petitioner had no right to be a director.
29/1/19
McCALLUM-TOPPIN v McCALLUM-TOPPIN [2019] EWHC 46 (Ch)
On the facts, payment of excessive remuneration to directors and lack of good faith in making a decision to pay dividends was unfairly prejudicial conduct for the purpose of a petition under s 994 Companies Act 2006.