Issues in Unfair Prejudice Petitions 1: What constitutes conduct of the company’s affairs?

Issues in Unfair Prejudice Petitions 1: What constitutes conduct of the company’s affairs?


CategoryArticles Author Anna Lintner Date

In this series of blog posts, Anna Lintner analyses aspects of unfair prejudice petitions.

Section 994(1) of the Companies Act 2006 provides a mechanism for obtaining relief where a shareholder can establish that: (a) “the company’s affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of members generally or of some part of its members (including at least himself)”; and/or (b) “an actual or proposed act or omission of the company (including an act or omission on its behalf) is or would be so prejudicial.” (Emphasis added).

What, then, constitutes conduct of the company’s affairs or an act or omission of the company in this context?

You can read Anna Lintner’s full post on our Commercial, Construction and International Arbitration Blog here.


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