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]).
Tuesday, 3 May 2016
UK: Scotland: Sheriff Court considers scope of relief for unfair prejudice
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]).
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