| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 181 (May) |
| Neutral Citation: | [2006] EWHC 1016 (Ch) |
| Court: | Chancery Division (Companies Court) |
| Judge: | Judge Mackie QC |
| Representation | Peter Susman QC (instructed by Hextalls LLP) for the petitioners. |
| Andrew Clutterbuck (instructed by Cripps Harries Hall LLP) for the second and third respondents. | |
| Tiran Nersessian (instructed by Thomson Snell & Passmore) for the fourth and fifth respondents. | |
| Judgment Dates: | 9 May 2006 |
Catchwords
Company - Member - Unfair prejudice to member's interests - Minority shareholder - Minority shareholders seeking authority to bring proceedings on behalf of company against three of its directors and majority shareholders - Whether company's affairs conducted in a manner unfairly prejudicial to minority shareholder's interests.
The Case
There had been no breach of the terms on which the parties had agreed that the affairs of the company should be conducted. There was nothing which had made it unfair for the majority to rely on its legal rights. The litigation which the petitioners wished the company to take would be bound to fail. Accordingly, the petition brought by the petitioners under s459 of the was dismissed.
Practice Areas
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