||All England Reporter
|| All ER (D) 181 (May)
|| EWHC 1016 (Ch)
||Chancery Division (Companies Court)
Judge Mackie QC
||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.
||9 May 2006
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.
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.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary