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Prejudicial interest meaning

What does Prejudicial interest mean?
In practice, a prejudicial interest is a conflict of interest requiring withdrawal where a personal interest is so significant it could reasonably be seen to bias judgment of the public interest. It typically arises where the matter affects the financial position of the member, a close associate or a body with which they are connected, or concerns licensing, planning or other regulatory business. The term is expressly defined in Welsh local government codes of conduct (Local Government Act 2000) using an objective 'reasonable member of the public' test. The former England model code used the same wording; since the Localism Act 2011, England refers to disclosable pecuniary interests and other registrable interests under local codes, but the objective test for apparent bias still applies. Scotland and Northern Ireland do not generally use the label, yet their councillor codes require declaration and withdrawal where an objective observer would think the interest might prejudice decision-making. In Ireland, analogous duties arise under the Ethics in Public Office and Local Government Acts for pecuniary or other beneficial interests. Where a prejudicial interest exists, the usual outcome is declaration, no participation or voting, subject to limited dispensations.
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NEWS
UK Private Client weekly: key cases on capacity, withdrawal of treatment, BPR and IR35; Hirachand on success fees; HMRC manuals/CRS; ECCTA implementation; Scottish Judicial Factors Act—30 January 2025

In this issue: Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Contentious trusts and estates Art and heritage property, landed estates and farming families Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Court of Protection Court of Appeal clarifies proper ordering of mental capacity test in litigation The Court of Appeal, in MacPherson v Sunderland City Council [2024] EWCA Civ 1579, has provided firm direction on the correct approach to determining litigation capacity. It underlined that assessments must follow the two-limbed analysis from A Local Authority v JB [2021] UKSC 52, rather...

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PRACTICE NOTES
Section 994 unfair prejudice petitions for UK companies: grounds, standing, illustrative conduct, and section 996 remedies with valuation approaches

This Practice Note explains the nature of an unfair prejudice claim or petition and identifies when it ought to be deployed to safeguard a minority shareholder’s rights. It further outlines illustrations of unfair prejudice and addresses the remedies that are on offer, with particular regard to section 996 of the Companies Act 2006 (CA 2006). What is an unfair prejudice claim (a section 994 petition)? An unfair prejudice claim is a statutory remedy for company members, set out in CA 2006, ss 994–999. Such claims proceed by way of petition and are therefore commonly known as section 994 petitions. A section 994 petition is the principal procedural mechanism by which a minority shareholder may obtain relief from the court due to ‘unfairly prejudicial’ behaviour by the majority. A glossary of the technical expressions employed in this Practice Note appears in the main section headed Terminology below...

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