Unfair prejudice petitions – The Tyranny of the majority?
The recent decision of FR Wyatt v Frank Wyatt & Son Limited and others (24 February 2003 – Mr Justice Lloyd) shows the limits to the court’s jurisdiction to strike out a petition pursuant to section 459 of the Companies Act 1985 on the ground that a reasonable offer to buy out the petitioner’s shares has been made. This article seeks to examine the use to which ‘buy-out’ offers can be made to petitioners as a means of bringing to an end petitions based on unfairly prejudicial conduct.
Download: UNFAIR PREJUDICE PETITIONS
For further information about Chambers or any of its barristers, please Contact our Senior Clerk, Greg Piner.