Tag: Insolvency

Section 994 Petitions, Companies Act 2016

Quick Guide: s.994 Companies Act Unfair Prejudice Petitions

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.

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Challenging Possession of Property by Fixed Charge LPA Receivers

Fixed charge receivership serves as a way for creditors in England & Wales to recover debts by seizing assets secured by fixed charges. It carries serious legal implications for property rights and debtor protections. The practice is rooted in the Law of Property Act 1925 and the Insolvency Act 1986, allowing creditors to appoint receivers to manage or sell assets in default. Debtors have avenues to dispute receivership, via specialist insolvency law advice.

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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.

maxim moskalev wins UK legal case Moskalev v Yanishevskiy (BR-2020-000554) Solicitors London

Client Case Study: Moskalev wins against Yanishevskiy for improper Statutory Demand

The Respondent to an application to set aside a statutory demand must bear the costs of the application, even if they withdrew the demand shortly after the application was filed.

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RBS faces call for FCA-agreed GRG Review compensation scheme

A soon to be released FCA report on the Royal Bank of Scotland’s Global Restructuring Group scandal is to recommend an RBS GRG Review compensation scheme for businesses…

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Online Ticketing Company Directors Receive Lengthy Disqualification Order

The directors of Virtuosi Limited, which is a hospitality provider centred in Leicester, have been disqualified for a total of 18 years under the Company Directors Disqualification Act…

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Media Appearance: LEXLAW’s M Ali Akram on Comet Administration (Sky News)

LEXLAW’s M Ali Akram, who practises insolvency law at the firm, was interviewed by Joel Hills live on Sky News Business and also featured in a report by Sky News’…

Comet Administration highlights ‘Inequity of Legal Arms’

LEXLAW Senior Partner, M Ali Akram, was interviewed by Joel Hills live on Sky News Business providing insolvency law commentary around the collapse of Comet Group Limited. Joint…

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Consequences of the abuse of process of early advertisement of Winding-up Petitions

Insolvency Rules 4.11 provides that once a Winding-up Petition has been presented, it must be advertised in the London Gazette.  Advertisement must take place within a certain window:…