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31 May 2024
Issue: 8073 / Categories: Legal News , Procedure & practice , Commercial , Company
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NLJ this week: Unusual split trial approach taken in unfair prejudice claim

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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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