Source: All England Reporter
Publisher Citation: [2015] All ER (D) 115 (Jun)
Neutral Citation: [2015] EWHC 1518 (Ch)
Court: Chancery Division, Companies Court

Mr Malcolm Davis-White QC (Sitting as a Deputy Judge of the Chancery Division)

Representation Nigel Dougherty (instructed by Labrums LLP) for C.
  Paul Burton (instructed by Machins LLP) for B and G.
  The company was not represented and did not appear.
Judgment Dates: 28 May 2015


Company - Petition - Purchase of shares - Petitioner, C, presenting petition - First two respondent (the respondents) removing petitioner, C, as director and employee of third respondent company (the company) and not offering to buy his shares - Respondents to purchase C's one third shareholding in third respondent company - Whether conduct unfairly prejudicial to C's interests - Whether court should grant relief - .

The Case

Company Petition. The petitioner, C, presented a petition seeking an order that the first two respondents, B and G, purchase his one third shareholding in the third respondent company. The Companies Court held that, on the evidence, the first and second respondent directors of the company were subject to equitable constraints, and that none of the allegations made about C's conduct had justified his exclusion while leaving him locked into the company. Relief would be granted to C under of the Companies Act 2006.

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