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28 July 2011
Issue: 7476 / Categories: Case law , Law digest , In Court
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Company

Fulham Football Club (1987) Ltd v Richards and another [2011] EWCA Civ 855, [2011] All ER (D) 197 (Jul)

There was no express provision in either the Arbitration Act 1996 or the Companies Act 2006 which excluded arbitration as a possible means of determining disputes regarding an allegation of unfair prejudice. The test under s 1(b) of the 1996 Act that parties should be free to agree how their disputes were resolved subject only to such safeguards as were necessary in the public interest was a demanding test. It was not necessary in the public interest that agreements to refer disputes about the internal management of a company should in general be prohibited, nor was there any reason why it was necessary to prohibit arbitration agreements to the extent that they, in particular, applied to disputes whether a company’s affairs were being or had been conducted in a manner that was unfairly prejudicial to the interests of its members. What the 1996 Act did was to give primacy to the arbitration agreement even in domestic disputes by making

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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