Unfair Prejudice in UK Law
-
‘Reasonable Offers’ As a Defence to Unfair Prejudice Petitions: Prescott v Potamianos
It is long established that a ‘reasonable offer’ for a petitioner's shares can defeat an unfair‐prejudice petition. Lord Hoffmann gave guidance about such offers in O'Neill v Phillips. Now, in Pres...
-
The statutory unfair prejudice remedy for minority shareholder protection in Pakistan. Difficulties of section 290 of the Companies Ordinance 1984
Purpose: The unfair prejudice remedy as contained in s.290 of the Companies Ordinance 1984 entitles a member with a shareholding of twenty percent or more to petition to the court for suitable and ...
- Excessive Remuneration and the Unfair Prejudice Remedy
-
Section 994 of the Companies Act 2006 and the Primacy of Contract
The Court of Appeal's decision in Fulham Football Club (1987) Ltd v Richards & Anor is both of interest and significance. By embracing the idea of the parties’ ability to ‘contract out’ of their st...... ... under section 994 of the Companies Act 2006 (the so-called ‘unfair prejudice’ remedy), their Lor dships have not only contrived to stunt ... ...
-
Resolving the Application of the Christie Discretion in the Uniform Evidence Legislation
The application of s 137 of the uniform evidence legislation, which essentially restates the Christie discretion, has been thrown into confusion with the Supreme Courts of New South Wales and Victo...... ... purpose of the weighting exercise between probative value and unfair prejudice. ... Definitive clarification of such an ... ...
-
Simply Unconvincing: The High Court on Probative Value and Reliability in the Uniform Evidence Law
Exclusion of evidence when its probative value is exceeded by its risk of creating unfair prejudice has long been a fundamental safeguard against unfair trials and wrongful convictions. In 2016, IM...... ... when its probative value is exceeded by its risk of creating unfair prejudice has long been a fundamental safeguard against unfair trials and ... ...
-
Companies, Courts and Management
... ... Was this a case of " unfair prejudice " within section 75? If they had fallen within the ... ...
-
Index
... ... See LLPs partnerships compared 8 quasi-partnership companies 123 unfair prejudice 122–3 Confirmation statements, LLPs 72 Consumer rights 96 ... ...
-
Internal Disputes and Departures
... ... to resolve a dispute by bringing a petition on the grounds of unfair prejudice (see 9.3.1). The option of litigation is discussed further at ... ...
-
Index
... ... ’s conduct of the administration 169 misfeasance 171–2 unfair conduct or slow or inefficient performance 170–1 fees, expenses and ... 7 taking wishes of into account 366–7, ... 468 unfair prejudice 81–4, 170 Creditors’ committee administration 150 joint bankruptcy ... ...
See all results