Category: Court of Appeal

Companies Act 2006 Section 994 Petitions litigation solicitor shareholder london uk

Court of Appeal Decides s.994 Petitions Subject to Statutory Limitation Period

In a significant shift, the Court of Appeal determined that unfair prejudice petitions under section 994 of the Companies Act 2006 have a 12-year statutory limitation period, reversing previous beliefs and affecting future legal approaches to such claims. This ruling, THG Plc v Zedra Trust Company (Jersey) Ltd [2024] EWCA Civ 158, changes the legal landscape for minority shareholder disputes, requiring a reevaluation of existing strategies and the potential for earlier claims.

Court of Appeal UK. Civil Litigation

Limitation Period for Payment of Services

In debt claims for the provision of services, the Court of Appeal has determined that time starts to run for limitation purposes from the date the work was done, rather than from the contractually agreed deadline for payment: Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWCA Civ 1699).

Court of Appeal UK. Civil Litigation

Court of Appeal: Context is King When it comes to Contractual Good Faith Duties

The Court of Appeal case of Re Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371, in the context of an unfair prejudice petition filed according to Section.994 of the Companies Act of 2006, the Court of Appeal has clarified the meaning of the contractual responsibility of good faith.

Wyatt Paul v HMRC: Permission Needed to Raise New Points During an Appeal

The recent case of Wyatt Paul v HMRC [2022] UKUT 116 (TCC) confirmed: permission by a party must be sought from the Upper Tribunal (UT) to argue a…

The Need to Be Clear: Percy v Merriman White and Professional Negligence

In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim.

contempt of court committal

Ulster Bank DAC and Ors v McDonagh and Ors: CA Holds That Civil Liability Act 1961 Inapplicable To Debt Recovery Cases

In the recent case of Ulster Bank DAC and Ors v McDonagh and Ors, the Court of Appeal confirmed that, as debt recovery cases are not considered actions for “damages”, the Civil Liability Act 1961 (CLA) does not apply to them.

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Litigation Lessons: “Weak and speculative” £3.7m professional negligence claimants awarded just £2K

A recent case of Beattie Passive Norse Ltd Anor v Canham Consulting Ltd highlights the importance of causation and repercussions of providing an inaccurate value of a claim.

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Court of Appeal assesses swap mis-selling complaint under FCA DISP

The Court of Appeal recently analysed a swap mis-selling complaint submitted by the Claimant under the FCA Dispute Resolution scheme (“DISP”), which complaint would stop time running for the purposes of a making a complaint to the Financial Ombudsman Service (“FOS”).

conveyancer solicitor professional negligence

Court of Appeal holds negligent surveyor liable for house’s full diminution of value

In Large v. Hart, the Court of Appeal held a negligent surveyor liable for a house’s full diminution of value as a result of his failure to draw the purchasers’ attention to the property’s defects prior to completion.