A judge in a recent case took an unusual approach to a s 994 unfair prejudice petition. In this week’s NLJ, Daniel Lightman KC, of Serle Court, reviews the case, in which the court used its case management powers to order a split trial, the first part determining whether the registers of members should be rectified and whether the petition was well founded
He writes: ‘It has generally been considered that the minority shareholder must issue separate proceedings to restore them to the register of members before they can proceed to present a s 994 petition. A recent judgment has, however, challenged that orthodoxy.’
Lightman looks in detail at the case, Atlasview Ltd v Brightview Ltd, and the court’s decision. He surveys relevant and associated case law, and compares the different approaches taken.
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