header-logo header-logo

Non-members & s 994 petitions: a novel approach

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll