header-logo header-logo

14 June 2024 / Stephen Burns , Katie Bewick
Issue: 8075 / Categories: Features , Procedure & practice , Limitation
printer mail-detail

Limitation & unfair prejudice

177013
Post-Zedra, courts are more likely to strike out petitions that plead unfairly prejudicial conduct outside of relevant limitation periods. Stephen Burns & Katie Bewick explain why
  • Discusses the recent Court of Appeal judgment in THG PLC & Ors v Zedra Trust Company (Jersey) Limited, which shakes up more than 40 years of ‘received wisdom’ that statutory limitation periods do not apply to unfair prejudice claims made pursuant to s 994 of the Companies Act 2006.

A claim in unfair prejudice may be made pursuant to s 994 of the Companies Act 2006 (CA 2006) to allege the affairs of a company are being or have been conducted in a manner that is unfairly prejudicial to the rights of a shareholder. While the court has wide discretionary powers in respect of remedies it grants, typically relief sought is for an order that the shares of the petitioner (or sometimes the respondent) are bought out at fair value. Other remedies can include that the affairs of the company are regulated such that the conduct complained of stops.

The Limitation Act

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll