Hewetts is pleased to have acted for The Nags Head pub in Reading in defending a spurious petition for unfair prejudice brought by a minority shareholder.
The petition involved examination of a novel point of law, namely whether the Companies (Tables A to F) Regulations 1985 ((SI 1985/805) Sch.1 para.85) is compatible with the Companies Act 2006 ss.175 with regard to conflicts of interest. It involved a trial in the High Court to determine the merits of the petitioner’s contentions that (i) his removal as a director was unfairly prejudicial to him as a shareholder under s.994 of the Companies Act 2006, and (ii) that his involvement in the running of a competing pub down the road was not a breach of his duties as director.
The Court found completely in favour of the respondents (being the pub and the other shareholders) on all points, holding that:
A transcript of the Judgment can be found here. (Case report reproduced from the British Company Cases series by kind permission of Thomson Reuters UK)
Hewetts specialise in partner, director and shareholder disputes, working toward settlement if possible, but fighting in court if needed. For any such disputes please contact Oliver Kew at email@example.com
Published on 14/04/2020