Source: All England Reporter
Publisher Citation: [2012] All ER (D) 181 (May)
Court: Chancery Division
Judge:

Judge Hodge QC sitting as a deputy judge of the Chancery Division (judgment delivered extempore)

Representation Andrew Clutterbuck (instructed by Stockler Brunton) for the claimant.
  Thomas Grant and James Sheehan (instructed by Macfarlanes LLP) for the defendants.
Judgment Dates: 23 May 2012

Catchwords

Company - Unfair prejudice to members - Relief - Court previously finding company's affairs being conducted in manner unfairly prejudicial to claimant's interests - Court previously ordering buy-out of claimant's shares - Court ordering further evidence on value of properties being owned by company - Expert evidence being given - Whether three properties being re-mortgaged at valuation date - Whether claimant's or defendants' property valuation evidence being relied on - Whether deductions being made - Whether share valuation being discounted - Whether interest rate applicable to borrowers being applied.

The Case

Company Unfair prejudice to members. The Chancery Division, having previously ordered a buy-out of the claimant's shares on the basis that the company's affairs had been conducted in a manner that was unfairly prejudicial to his interests, determined the basis for quantification of the amount to be paid for the claimant's 50% shareholding.

Practice Areas

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