Shareholder disputes – Unfair Prejudice

Shareholder disputes – Unfair Prejudice

Shareholder disputes are unfortunately common in small companies. This article looks at one possible remedy; a petition for unfair prejudice pursuant to section 994 of the Companies Act 2006. Minority shareholder claims Shareholder disputes often begin where a...
Shareholder disputes – Unfair Prejudice

Mitigation of Loss – Special Cases

I previously wrote an article discussing a claimant’s obligation to mitigate his or her loss. The last article discussed the general application of the principle of mitigation and what would be expected of the claimant.  There have been a number of notable examples...
Shareholder disputes – Unfair Prejudice

Waiving privilege: Case update

With so many steps to follow, litigation can be a minefield at times. Issues can arise at any time. For example, once proceedings have been issued and defended, the parties will be expected to disclose documents in their possession. A recent case looked in depth at...
Shareholder disputes – Unfair Prejudice

Joining insurers into court proceedings: case update

The Third Parties (Rights Against Insurers) Act 2010 (“the Act”) came into force in August 2016. It has proven to be of undoubted significance insurers and those bringing claims against insured parties. The aim of the Act was to streamline the process of third parties...
Shareholder disputes – Unfair Prejudice

The pitfalls of Standstill Agreements

An action must be commenced at court within a specified period, known as a limitation period.  Therefore, if you are thinking about bringing a claim, it is important to work out whether you are in time to do so.  Limitation periods differ depending on the type of...