Recent experience in this area
includes unfair prejudice petitions, claims for wrongful and fraudulent trading, applications to set aside statutory demands, validation orders and relating to void transactions.
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.
Sehgal v Sehgal Acting for the Petitioners on this substantial
unfair prejudice petition concerning a company and connected partnership which operate a number of care homes worth several million pounds.
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.
Re Charterhouse Capital Ltd [2015] EWCA Civ 536; [2014] EWHC 1410 (Ch) Acted at trial and on appeal for successful Respondents in relation to private equity
firm unfair prejudice petition.
Charterhouse
Capital Unfair prejudice petition in a leading private equity business arising out of alterations to the articles to allow the expropriation of a minority stake by the majority stakeholders, raising complex issues of company law and valuation.
J & W Sanderson Ltd v Fenox (UK) Ltd [2014] EWHC 4322 (Ch); [2015] All ER (D) 38 (Jan) Successfully resisted application for stay of
unfair prejudice petition for arbitration under the Arbitration Act 1996 or the court's inherent case management powers.
As unfair prejudice petitions generally raise numerous factual issues entailing examination of events over a considerable period of time, a high degree of case management is required.
Tim's recent insolvency experience includes s. 236 interviews / applications, applications by office holders for directions,
unfair prejudice petitions, misfeasance and wrongful trading claims, undervalue / preference / s.
Applying for rectification of the register pursuant to s. 125 of the Companies Act 2006, as a precursor to
an unfair prejudice petition on behalf of a minority shareholder.
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).
Daniel Lightman QC highlights how versatile ss 994 & 996 of the Companies Act 2006 can be for minority shareholders presenting an unfair prejudice petition
The process remains very much tied to disputes in small companies and as the flip side to
an unfair prejudice petition.
Catherine is «highly recommended for advising on fiduciary duties and
unfair prejudice petitions.»
Re Microsulis [2008] EWHC 587 Successful strike out of
unfair prejudice petition; costs against solicitors for breach of warranty of authority.
Unfair prejudice petition.
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.
An unfair prejudice petition (alleging unfair dilution) was settled following cross-examination of the company's accountant exposing his lack of understanding of the company's solvency.
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)
Re Candeo Technologies Limited Acting for the respondents to
an unfair prejudice petition in respect of a tech company (with James Potts QC).
Hawkins v Atex Group Limited Acting for the former CEO of a digital media company on
both an unfair prejudice petition and claims against him for breach of fiduciary duty and breach of his contract of employment (with David Chivers QC).
Re South Pacific Oil Limited (Western Pacific Court of Appeal) Acting for the former managing director of, and a minority shareholder in, an oil company worth over # 100m on
an unfair prejudice petition and defending a claim for breach of fiduciary duty.
Re Guidezone Limited (Lawtel AC0147346) Successfully acting for the respondents» to
an unfair prejudice petition on a 5 week trial of a preliminary issue (with Lance Ashworth QC).
Edward Davies recently employed his extensive experience of company law in an application to strike out
an unfair prejudice petition in re Microsulis.
Re Microsulis Limited: [2008] EWHC 587 (Ch) Succeeded on an application to strike out
an unfair prejudice petition.
Croly v Good & Ors: [2010] EWHC 1 (Ch) Trial of
an unfair prejudice petition in respect of a company in administration, obtained a back - dated buy - out order on the grounds of the petitioner's exclusion.
Re McCarthy Surfacing Ltd [2008] EWHC 2279 (Ch) Trial of
an unfair prejudice petition brought on grounds of failure to give proper consideration to the payment of dividends and self dealing by directors [2006] EWHC Civ 181 Preliminary issue on the question of standing to present a petition under s459 of the Companies Act 1985
Re BSB Holdings Ltd [1996] 1 BCLC 155
Unfair prejudice petition under s. 459 CA 1985.
He has experience acting as a junior in large - scale civil fraud,
unfair prejudice petitions and insolvency litigation both in England and in overseas jurisdictions.
Re McCarthy Surfacing Ltd [2008] EWHC 2279 (Ch) Trial of
an unfair prejudice petition brought on grounds of failure to give proper consideration to the payment of dividends and self dealing by directors.
Edward has particular expertise in relation to shareholder disputes, including the conduct of
unfair prejudice petitions and derivative claims.
Shepherd v Williamson: [2010] EWHC 2375 (Ch) Trial of
an unfair prejudice petition concerning alleged exclusion from management and seeking a buy - out of shares on the basis of a back - dated valuation
The court has a wide discretion to make such order as it thinks fit for giving relief in respect of the matters complained of in
an unfair prejudice petition.
Shareholder disputes, including Derivative Claims,
Unfair Prejudice Petitions and Just and Equitable Winding Up
[2012] EWHC 2343 (Ch) Trial of
an unfair prejudice petition and conspiracy claim brought by Patrick McKillen against the Barclay brothers and certain associates concerning the steps taken by the Barclay brothers to take control of Coroin Ltd, the indirect owner of Claridge's, The Connaught and The Berkeley.