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19 February 2009
Issue: 7357 / Categories: Case law , Company , Commercial
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Oak Investment Partners XII v Boughtwood [2009] EWHC 176 (Ch), [2009] All ER (D) 67 (Feb)

Company Law

Where a significant shareholder is, as a result of being such a shareholder, appointed to a management role within the company and then engages in a course of conduct in that role involving improper assertion of rights of control over the practical management of the affairs of the company, that conduct is capable of being conduct of the affairs of the company in an unfairly prejudicial manner for the purposes of s 994 of the Companies Act 2006.

There is no reason in principle why conduct by a person employed as a senior manager in a business, even if not a director, should not be relevant to the grant of relief under s 994. Complaint may be made under s 994 even if the mismanagement is not the product of business decisions taken by the board of a company, but by individual directors or others.

Issue: 7357 / Categories: Case law , Company , Commercial
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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