Source: All England Reporter
Publisher Citation: [2012] All ER (D) 74 (Jun)
Neutral Citation: [2012] EWHC 1611 (Ch)
Court: Chancery Division
Judge:

Nicholas Strauss QC sitting as a deputy judge of the High Court
Judgment Dates: 12 June 2012

Catchwords

Company - Member - Unfair prejudice to member's interests - Claimant and first defendant director each holding 50% of shares in fourth defendant company - Claimant commencing proceedings for order for sale of first defendant's shares to him and restoring fourth defendant's money taken in breach of the first and second defendants' fiduciary duties - Claimant subsequently seeking permission to continue derivative claim - Claimant submitting first defendant's conduct after initial proceedings increasing urgency of having matters resolved - Whether claimant should be permitted to continue derivative claim - , .

The Case

Company Member. The Chancery Division allowed the claimant to continue a derivative claim notwithstanding pending proceedings under of the Companies Act 2006.

Practice Areas

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