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Part IV Liabilities of Directors, 23 Members’ Unfair Prejudice Claims and Winding-Up Petitions

David Alexander KC, Daniel Judd

From: Company Directors: Duties, Liabilities, and Remedies (4th Edition)

Edited By: Mark Arnold KC, Simon Mortimore KC

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

Subject(s):
Approved person — Conduct of business regulation — Regulated persons — Claims

This chapter covers the Companies Act 2006 provisions protecting members from unfair prejudice arising from the conduct of the affairs of the company. It looks into the recommendations of the Jenkins Committee. The availability of a statutory remedy for unfair prejudice is significant for directors, because their conduct of the affairs of the company or their acts or omissions may justify a member’s application for relief. The chapter also discusses the grounds to support an unfair prejudice petition subjected to an authoritative explanation. It references the Insolvency Act 1986 when concerned with members petitioning the court for the company to be wound up provided that they satisfy a statutory condition and a common law condition.

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