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20 January 2017 / Daniel Lightman KC
Issue: 7730 / Categories: Features , Company , Commercial
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The flexible friend

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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 courts take a flexible approach to the requirements for an unfair prejudice petition to be well-founded under s 994 of the Companies Act 2006.
  • The courts show similar flexibility in exercising the wide powers given to them as to what relief they can grant under s 996, and against whom.
  • While a share purchase order is the most common relief granted, the courts are increasingly open to bespoke solutions tailored to the circumstances of the particular case.
  • These factors make a s 994 petition—or the threat of presenting one—an increasingly powerful and flexible weapon for a minority shareholder.

Recent case law has emphasised just how versatile a weapon the power to present an unfair prejudice petition under s 994 of the Companies Act 2006 (CA 2006) can be for a minority shareholder.

The requirements of s 994

By s 994(1) of CA 2006, the petitioning

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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