Dispute Resolution analysis: In the recent judgment of Durose v Tagco BV, the court was asked to decide whether the actions of a private equity investor demonstrated 'unfair prejudice'. The circumstances of this case concerned where a private equity investor, on the occurrence of an insolvency event, had invoked enhanced voting rights which had effectively caused the original shareholders to lose control of the business. The original shareholders pleaded that the private equity investor had deliberately engineered the insolvency event in order to obtain majority control. The petition was ultimately dismissed, but in the process of reaching such decision the court was led to consider the causes of the insolvency and the actions of the private equity investor to determine whether unfair prejudice had come into play. This insight considers the steps that companies should take in light of the court's ruling. Written by Charlotte Howell, Principal Associate at Gowling WLG, Catherine Naylor, Partner at Gowling WLG, Sean Adams, Partner at Gowling WLG, and Louise Macdonald, PSL Associate at Gowling WLG..