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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.

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Charles Russell Speechlys—Gustina Singgih

Charles Russell Speechlys—Gustina Singgih

Corporate team in London welcomes new partner

Church Court Chambers—Maria Karaiskos KC

Church Court Chambers—Maria Karaiskos KC

Historic appointment of chambers' first female head

Wright Hassall—five promotions

Wright Hassall—five promotions

Firm announces five promotions, including new partner

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Proposed legislation to tighten the rules on pooled client accounts would place ‘substantial’ burdens on solicitors, the Law Society has warned
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Lawyers acting in cases funded by damages-based agreements (DBAs) cannot claim their share of the damages if no damages are awarded, the High Court has clarified
Lawyers have given a cautious welcome to a Ministry of Justice decision to increase Crown Court sitting days
Barristers have been targeted with death threats, rape threats, threats to their family members, physical surveillance and threats from politicians, chair of the Bar Barbara Mills KC has reported
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