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31 May 2024
Issue: 8073 / Categories: Legal News , Procedure & practice , Commercial , Company
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NLJ this week: Unusual split trial approach taken in unfair prejudice claim

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A judge in a recent case took an unusual approach to a s 994 unfair prejudice petition. In this week’s NLJ, Daniel Lightman KC, of Serle Court, reviews the case, in which the court used its case management powers to order a split trial, the first part determining whether the registers of members should be rectified and whether the petition was well founded

He writes: ‘It has generally been considered that the minority shareholder must issue separate proceedings to restore them to the register of members before they can proceed to present a s 994 petition. A recent judgment has, however, challenged that orthodoxy.’

Lightman looks in detail at the case, Atlasview Ltd v Brightview Ltd, and the court’s decision. He surveys relevant and associated case law, and compares the different approaches taken.

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

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