“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”
RWEAccess all documents on Prejudicial interest
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...
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...