![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi_OoFgZDOaX65rndoX4Rh4lexRDyBX722WpomKG4GRnli3pEEkZCbOjwdqS7oxaOEs1eqITokfLAgf_cZc2668VgsaAebSx5wEGqU5cUfv2YMa7CqqOIu3Dls54LSe7-fwtk3d3bf9EhxY/s610/uk-lgflag.gif)
A decision of
Sheriff S G Collins QC from last year has recently been reported on the
Scottish Courts and Tribunals Service website: see
[2016] SC FOR 29. The case concerned a shareholder's petition for relief in respect of alleged unfairly prejudicial conduct under
section 994 of the
Companies Act 2006. With reference to the English authorities
Allmark v Burham [2006] BCLC 437 and
Atlasview Ltd v Brightview Ltd [2004] BCLC 191, the Sheriff held that an order for payment was one of the remedies available under
section 996, noting that the section provided the "widest possible discretion to grant a remedy where unfair prejudice has been established" (para. [23]).
No comments:
Post a Comment