Blunt v Jackson & Ors [2013] EWHC 2090 (Ch) (17 July 2013)

Blunt v Jackson & Ors [2013] EWHC 2090 (Ch) (17 July 2013)

Mr Blunt was a shareholder entitled to 50 of the 100 shares in I Fit Global Limited, based on the agreement and conduct of the parties, and his exclusion from management constituted unfair prejudice under s.994 Companies Act 2006.

Citation
[2013] EWHC 2090 (Ch)
Parties
Petitioner: Mr Nigel Blunt; 1st Respondent: Ms Beverley Jackson; 2nd Respondent: Mr Ian Jackson; 3rd Respondent: I Fit Global Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2013
Procedural Posture
Unfair Prejudice Petition Under Companies Act 2006 S.994 / Trial of Preliminary Issues
Outcome
Findings for the Petitioner on both preliminary issues: Mr Blunt is a shareholder and suffered unfair prejudice.
Legal Topics
Unfair Prejudice, Shareholder Rights, Rectification of Register, Quasi Partnership, Exclusion From Management
Company Law Unfair Prejudice Shareholder Rights Rectification of Register Quasi Partnership Exclusion From Management

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Parties

Mr Nigel Blunt

Petitioner

Ms Beverley Jackson

1st Respondent

Mr Ian Jackson

2nd Respondent

I Fit Global Limited

3rd Respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act 2006 S.994 / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Mr Blunt was a shareholder in I Fit Global Limited
  2. 2 Whether Mr Blunt suffered unfair prejudice under s.994 Companies Act 2006

Ratio Decidendi

Mr Blunt was a shareholder entitled to 50 of the 100 shares in I Fit Global Limited, based on the agreement and conduct of the parties, and his exclusion from management constituted unfair prejudice under s.994 Companies Act 2006.

Court Disposition

Findings for the Petitioner on both preliminary issues: Mr Blunt is a shareholder and suffered unfair prejudice.

Orders

  • Declaration that Mr Blunt is entitled to 50 of the 100 shares in I Fit Global Limited.
  • Permission for Mr Blunt to seek rectification of the register of members retrospectively.