Source: All England Reporter
Publisher Citation: [2006] All ER (D) 193 (Apr)
Neutral Citation: [2006] EWHC 832 (Ch)
Court: Chancery Division

Sir Francis Ferris

Representation David Chivers QC and Edward Davies (instructed by Pettman Smith) for the petitioners.
  Mark Cunningham QC (instructed by ASB Law) for the first, second and third respondents.
Judgment Dates: 12 April 2006


Company - Member - Unfair prejudice to members' interests - Petition by shareholders - Conduct of company 'unfairly prejudicial' to interests of members - Whether petitioners having requisite standing to maintain petition - , s 22, 459.

The Case

In determining the preliminary issue of whether the petitioners named in the petition had the requisite standing to maintain the petition under s459 of the the court held that there was no general proposition that every member of a company who had sold his shares but remained registered as a member would inevitably be unable to show prejudice to his interests. Nor did the fact that a petitioner had applied for registration and was refused deprive him of standing.

Practice Areas

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