The High Court gave judgment yesterday in Re Southern Counties Fresh Foods Ltd. [2011] EWHC 1370 (Ch). The court was required to consider which party should bear the costs in the context of a petition under Section 994 of the Companies Act (2006) (the unfair prejudice remedy). The decision contains a useful overview of the relevant principles, the trial judge noting that whilst there are no special principles applicable to unfair prejudice petitions there may well be facts commonly present and not found in other types of litigation.
Thursday, 2 June 2011
UK: England and Wales: costs and unfair prejudice petitions
The High Court gave judgment yesterday in Re Southern Counties Fresh Foods Ltd. [2011] EWHC 1370 (Ch). The court was required to consider which party should bear the costs in the context of a petition under Section 994 of the Companies Act (2006) (the unfair prejudice remedy). The decision contains a useful overview of the relevant principles, the trial judge noting that whilst there are no special principles applicable to unfair prejudice petitions there may well be facts commonly present and not found in other types of litigation.
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