header-logo header-logo

20 January 2017 / Daniel Lightman KC
Issue: 7730 / Categories: Features , Company , Commercial
printer mail-detail

The flexible friend

nlj_7730_lightman

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll