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03 May 2024
Issue: 8069 / Categories: Legal News , Procedure & practice , Company
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NLJ this week: Unfair prejudice after THG overturned the law on limitation

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Why was everyone wrong for so long about s 994 petitions? In this week’s NLJ, Lara Kuehl, barrister at Selborne Chambers, looks into THG v Zedra and its many implications

Kuehl writes: ‘It has been widely believed for 40 years by the company law world that unfair prejudice petitions were not subject to any statutory limitation period. It now appears, however, that judges at every level, leading practitioner texts and two Law Commission reports have all been wrong about this.’

The author explores the decision and its implications, and identifies which potential implications THG v Zedra left unclear and which will therefore need to be worked out in future cases.

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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