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19 February 2009
Issue: 7357 / Categories: Case law , Company , Commercial
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Oak Investment Partners XII v Boughtwood [2009] EWHC 176 (Ch), [2009] All ER (D) 67 (Feb)

Company Law

Where a significant shareholder is, as a result of being such a shareholder, appointed to a management role within the company and then engages in a course of conduct in that role involving improper assertion of rights of control over the practical management of the affairs of the company, that conduct is capable of being conduct of the affairs of the company in an unfairly prejudicial manner for the purposes of s 994 of the Companies Act 2006.

There is no reason in principle why conduct by a person employed as a senior manager in a business, even if not a director, should not be relevant to the grant of relief under s 994. Complaint may be made under s 994 even if the mismanagement is not the product of business decisions taken by the board of a company, but by individual directors or others.

Issue: 7357 / Categories: Case law , Company , Commercial
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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