| Commentary

122 Unfair prejudice in practice

| Commentary

122 Unfair prejudice in practice

The courts will ‘scrutinise with care’ the allegations contained in an unfair prejudice petition and also, if necessary, the evidence produced in support of the petition, in order to see whether the petitioner really does have an arguable case1. The introduction of the Civil Procedure Rules has meant that the courts actively manage shareholders’ actions and pursue a pragmatic approach to handling such proceedings. Proceedings will now be struck out if the unfairly prejudicial conduct can be remedied without resort to the court2, for example, where the parties have entered into a shareholders’ agreement which

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