He recently acted for Duncan Bannatyne, as majority shareholder, in the defence of
a shareholder unfair prejudice petition, and related claim concerning the departure of the Managing Director of the Bannatyne Group.
Not exact matches
Successfully assisted the majority
shareholders in a leading Italian online insurance aggregator (an English registered company) in opposing a threatened
Unfair Prejudice Petition by a group of
shareholders.
David was also instructed on behalf of the Petitioners (led by Martin Griffiths Q.C.) in a major
unfair prejudice petition involving a dispute between the
shareholders in one of England's leading house builders and giving rise to questions relating to valuation of the minority
shareholder's shares and pro rata vs. discounted valuation in the context of an alleged «quasi-partnership» company (the case settled on the first day of trial).
Our expertise spans disputes relating to joint ventures, derivative actions,
unfair prejudice petitions, misfeasance, breaches of directors» duties, misappropriation of company funds,
shareholder deadlock, breach of warranty and indemnity claims,
shareholder leaver clauses and issues arising out of covenants.
Such examples include, applications for production of records and accounts; defending allegations of unlawful dividends; and an application for rectification of the register in line with the Re Hoicrest litigation (as a precursor to an
unfair prejudice petition by a minority
shareholder).
It is highly unlikely that there will be line of
shareholders outside the High Court seeking to issue expensive
unfair prejudice petitions.
Numerous
unfair prejudice petitions (under s. 994 of the Companies Act 2006) on behalf of both minority and majority
shareholders.
She is experienced in minority
shareholder disputes and s. 499
unfair prejudice petitions and has dealt with a range of insolvency matters as well as diverse agency disputes.
Interactive Technology Corp Ltd v Ferster [2016] EWHC 2896 (Ch) Instructed in trial of
shareholders» dispute involving
unfair prejudice petition, breach of duty and trust claims (led by Andrew Thompson QC)
Edward has particular expertise in relation to
shareholder disputes, including the conduct of
unfair prejudice petitions and derivative claims.
Shareholder disputes, including Derivative Claims,
Unfair Prejudice Petitions and Just and Equitable Winding Up
There are a number of practical advantages for such
shareholders to bringing an
unfair prejudice petition instead of a derivative claim (for example, the broad grounds for relief, the flexible nature of the relief that may be sought, and the fact that there are fewer procedural hurdles to overcome), and there may be significant disadvantages in bringing a derivative claim (the initial procedural phases can be costly, and relief must be sought on behalf of the company).
Acted for a
shareholder in an international property business in repsect of a
shareholder dispute and
unfair prejudice / winding up
petition
Nick Page & another v Barry Page & others (2011, Chancery Division) Acting for minority
shareholders in section 994 Companies Act
petition —
unfair prejudice to minority
shareholders
A number of
unfair prejudice petitions following the dismissal and removal from the board of minority
shareholders.