LEXLAW Solicitors & Barristers
Bringing an unfair prejudice petition under section 994 of the Companies Act 2006 involves strict procedural requirements at every stage, from pre-action conduct and the correct form of presentation through to interim injunctions, split trials and share valuation. This article explains the full procedure, the key strategic decisions involved, and why instructing specialist solicitors from the outset is essential to achieving a fair outcome.
Sections 235 and 236 of the Insolvency Act 1986 impose powerful duties on company directors, officers, employees, and even third parties to co-operate with insolvency office-holders such as liquidators and administrators. Failure to assist properly during liquidation, administration, or bankruptcy can result in personal sanctions, court orders, fines, and even director disqualification.
English law Unfair Prejudice Petitions offer a remedy for minority shareholders facing oppression by the majority within a company. Where the prospect of winding-up proves undesirable, section 994(1) of the Companies Act 2006 provides an alternative avenue for seeking redress. At LEXLAW, our expert company law team specialises in navigating the complexities of shareholder disputes and unfair prejudice claims.
The DPS is intended to promote a wholesale change of culture in the approach to the disclosure process in civil litigation, with the hope that it will result in a more efficient and flexible disclosure process, tailored to the individual requirements of each case.
In the High Court case of Collier & Ors v Bennett, three claimants obtained a Norwich Pharmacal order against Doughty Street Chambers’ barrister, Daniel Bennett for pre-action disclosure of messages and details of a Twitter account to assist victims of libel and harassment.
The Court of Appeal considered the rules regarding Norwich Pharmacal applications for non-party disclosure and the costs of the same. The decision concerning Natwest bank and a limited company, provides helpful guidance to parties when making applications for third party disclosure and understanding the importance of pre-action correspondence which will impact any order for costs.
The Court discussed the principles of disclosure in the recent case of Square Global Ltd v Leonard [2020] EWHC 1008 which case highlights the importance of involving solicitors in…
Conversations can easily be recorded by everyday devices, but can those recordings be deployed in litigation before the UK courts?
Judge Timothy Kerr handed down judgment yesterday in the case of Oliver Dean Morley (trading as Morley Estates) v. The Royal Bank of Scotland PLC (case number HC-2017-002318).…
UK Parliament unanimously condemned RBS’s Global Restructuring Group (GRG) for its systemic mistreatment of SMEs, describing it as a parasitic unit engaged in asset stripping and aggressive litigation tactics. MPs highlighted GRG’s role in artificially distressing viable businesses, undervaluing assets, and employing harsh recovery strategies during 2008-2013, leading to widespread financial harm. The FCA’s delayed and redacted report faced heavy criticism, with calls for transparent accountability, a Financial Services Tribunal, whistleblower protections, and full release of investigations.