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Unfair Prejudice Petitions in the UK: Conduct of the Affairs of the Company is King

By Kathryn Garbett & Bethany Histed on February 17, 2022
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The Court of Appeal has clarified that to succeed on an unfair prejudice petition, the petitioner must demonstrate the unfair prejudice results from the conduct of the affairs of the company (Primekings Holding Limited and others v Anthony King, James King and Susan King [2021] EWCA Civ 1943). Any allegations relating to the respondent’s personal conduct will succeed only if that conduct can be shown to be causally connected to the conduct of the affairs of the company. A mere link between the two will not suffice.

Click here to read the full GT Alert.

Photo of Kathryn Garbett Kathryn Garbett

Kathryn Garbett, Co-Chair of the London Civil Fraud & Business Disputes Practice, focuses her commercial litigation practice on matters related to civil fraud. Kathryn has been involved in some of the most high-profile commercial fraud cases before the Supreme Court in recent times.

Kathryn Garbett, Co-Chair of the London Civil Fraud & Business Disputes Practice, focuses her commercial litigation practice on matters related to civil fraud. Kathryn has been involved in some of the most high-profile commercial fraud cases before the Supreme Court in recent times. Kathryn has a practical and sensible approach and tailors her advice and support to help clients navigate extremely complex legal and factual issues.

Kathryn regularly manages highly sensitive matters spanning multiple jurisdictions, often leading teams of international lawyers and professionals. She offers strategic advice to clients facing a civil claim while simultaneously being investigated by prosecution agencies, employers, the Inland Revenue, and both UK and foreign regulators. She is praised by Chambers & Partners as “a very impressive operator and an astute solicitor” for her ability to provide “experienced guidance in hugely complex matters combined with a fine tactical overview.” Kathryn is also listed as a Leading Individual for civil fraud in Legal 500.

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Photo of Bethany Histed Bethany Histed

Bethany Histed focuses her practice on commercial litigation, civil fraud, and complex multi-jurisdictional disputes. She has worked on complex contentious cases of significant value involving allegations of fraud, conspiracy, breach of fiduciary and directors’ duties, breach of contract, claims under the Insolvency Act…

Bethany Histed focuses her practice on commercial litigation, civil fraud, and complex multi-jurisdictional disputes. She has worked on complex contentious cases of significant value involving allegations of fraud, conspiracy, breach of fiduciary and directors’ duties, breach of contract, claims under the Insolvency Act 1986, and unfair prejudice petitions under section 994 of the Companies Act 2006. Bethany also has experience of dealing with asset disclosure and preservation issues.

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  • Posted in:
    Corporate Governance and Compliance
  • Blog:
    GT London Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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