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NLJ this week: Unusual split trial approach taken in unfair prejudice claim

31 May 2024
Issue: 8073 / Categories: Legal News , Procedure & practice , Commercial , Company
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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.

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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