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Unfair prejudice petition—dismissal where no remedy justified (Weatherley v Weatherley)

Unfair prejudice petition—dismissal where no remedy justified (Weatherley v Weatherley)
Published on: 04 December 2018
Published by: LexisPSL
  • Unfair prejudice petition—dismissal where no remedy justified (Weatherley v Weatherley)
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Article summary

Dispute Resolution analysis: The judge found that at least one of the major allegations of unfair prejudice in a petition under section 994 of the Companies Act 2006 (CA 2006) was made out. However, immediately before the trial, and during the course of the trial, the Respondents had made a number of concessions and had taken action to remedy the unfairness alleged. By the end of the trial it was not necessary to make any remedial order under CA 2006, s 996. Accordingly the petition was dismissed. This case is therefore a useful reminder that unfair prejudice proceedings are unlikely to succeed where the matters complained of have already been remedied. Written by Charles Joseph, barrister at Tanfield Chambers. or take a trial to read the full analysis.

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