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Unfair prejudice: what kind of conduct is relevant?

Just because a shareholder doesn’t like how the company is being managed doesn’t mean the court will make a finding of unfair prejudice. In  Primekings Holding Limited v Anthony King [2021] EWCA Civ 1943 the Court of Appeal...

Employment Law Bulletin - April 2022

Welcome Employers dread the vexatious litigant. Even the most spurious of tribunal claims takes up valuable management time and incurs legal fees to defend. The judgment of the EAT in Attorney General v Taheri will be a salve to those employers...

No Fault Divorce

From 6 April 2022, new legislation has bought significant changes in the divorce process.  The Divorce, Dissolution and Separation Act 2020 replaces the previous “five grounds” for divorce, and therefore allows couples to divorce without...

Unfair prejudice: how long is too long?

In a recent case the Court of Appeal considered whether a delay of 17 years in presenting an unfair prejudice petition was too long. Background Andrew Bailey presented a petition in respect of Cherry Hill Skip Hire Ltd (“ the Company ”). He...

Unfair prejudice: when is a just and equitable winding up appropriate?

The recent case of Haz International Ltd v Yesilkaya [2021] EWHC 1695 (Ch) highlights some of the key considerations of the court when a petitioner seeks a just and equitable winding up of a company. Facts Mr Il and Mr Yesilkaya were directors and...

Information on Shareholders' Agreements

A shareholders’ agreement is an agreement between the shareholders of a company and often the company is also a party. The agreement can be between all or some only of the shareholders (for example the holders of a particular class of shares). The...

Difference between Non-Molestation Orders And Restraining Orders

In certain situations, such as being a victim of domestic abuse , an individual may feel they need protection from another person who is “connected” to the abuse. In this case, they are usually able to apply for a Non-Molestation Order. A...

Insurance claims: the duty of fair presentation

The Insurance Act 2015 puts the duty on policyholders to provide a “ fair presentation of the risk ” to the insurer of entering the policy. This requires “ disclosure of every material circumstance which the insured knows or ought to know...

My tenant is not paying rent, what can I do?

COVID-19 has taken its toll on a number of individuals and businesses, including their ability to pay rent. Whilst the government put moratoriums in place to protect tenants during the lockdowns, those moratoriums have now been lifted.  Subject to...

Declaration of Parentage

A declaration of parentage states whether a named individual is, under English law, another individual’s parent. This can then be presented to the General Register Office, who have discretion about whether the father should be named on the birth...
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