header-logo header-logo

31 May 2024 / Daniel Lightman KC
Issue: 8073 / Categories: Features , Procedure & practice , Commercial , Company
printer mail-detail

Non-members & s 994 petitions: a novel approach

175050
In a recent case, the court used its case management powers to order a split trial. Daniel Lightman KC elaborates
  • Only a member of a company can present an unfair prejudice petition under s 994 of the Companies Act 2006.
  • Where someone not currently a member who claims to be entitled to retrospective rectification of the company’s register of members presents a petition, the traditional approach has been to strike out the petition, or to stay it while the petitioner seeks to establish their entitlement to petition in separate proceedings.
  • However, in a recent case, the court made novel use of its case management powers to order a split trial and direct that the first trial should determine both whether the register of members should be rectified and whether the petition was well founded.

It is a long-established principle that only a registered shareholder can present an unfair prejudice petition under s 994 of the Companies Act 2006 (CA 2006) and an intended petitioner lacking

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll