Tuesday, 3 May 2016
A decision of Sheriff S G Collins QC from last year has recently been reported on the Scottish Courts and Tribunals Service website: see  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  BCLC 437 and Atlasview Ltd v Brightview Ltd  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. ).