Oberman v Collins & anr [2021] WTLR 267

Wills & Trusts Law Reports | Spring 2021 #182

In consolidated proceedings, the claimant sought a declaration that she was beneficially entitled to 50% of 41 properties on the basis of a common intention constructive trust, a partnership or proprietary estoppel. The claimant also sought relief under ss994 and 996 of the Companies Act 2006 on the grounds of unfair prejudice.

The claimant and the first defendant were in a relationship between 1995 and 2015, moving in together in 1996, and having two children. The second defendant was incorporated on 16 September 1996: 51 shares were issued to the first defendant and two shares w...

Shah v Shah & ors [2011] EWHC 1902 (Ch)

Wills & Trusts Law Reports | January/February 2012 #116

Unfair prejudice had been established by the petitioner (Dinesh) in the conduct of the affairs of the third respondent (the company). In an earlier judgment dated 24 February 2010, Roth J had ordered that either the first respondent (CJ) or the company must purchase Dinesh’s shareholding. The following matters remained to be determined:

  1. (a) the price to be paid for the shares;
  2. (b) whether interest should be payable and, if so, at what rate and for what period;
  3. (c) whether the purchaser should be CJ or the company; and
  4. (d) what provision s...