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COMPANY: Share and share alike?

01 February 2013  

Alex Fox and Clare Arthurs explore the court’s approach to unfair prejudice claims

The court’s power to provide remedies for shareholders in respect of the way in which a company’s affairs are conducted stems entirely from statute, residing now in ss994-999 of the Companies Act 2006 (the Act). Its purpose is to protect shareholders and provide them with some redress against the company. Given the continued economic doldrums that we are now experiencing, and the government’s new initiative to introduce ‘employee shareholders’, now would seem a good time to take stock of the court’s approach to unfair prejudice claims.

Additional Info

  • Case(s) Referenced:

    Re Coroin Ltd [2012] EWHC 2343 (Ch)

    Gamlestaden Fastigheter AB v Baltic Partners Ltd & ors (Jersey) [2007] UKPC 26

    Maidment v Attwood & ors [2012] EWCA Civ 998

    O’Neill v Phillips [1999] 1 WLR 1092

    Richardson & anor v Blackmore [2005] EWCA Civ 1356

    Sikorski v Sikorski [2012] EWHC 1613 (Ch)