| 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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