Evans v Eurokey Properties Ltd & Anor [2020] EWHC 1047 (Ch) (01 May 2020)

Evans v Eurokey Properties Ltd & Anor [2020] EWHC 1047 (Ch) (01 May 2020)

The claim form must be struck out because no valid unfair prejudice petition was ever presented or issued, and the proceedings are fatally procedurally flawed for failure to comply with statutory requirements. Even if procedural requirements were met, the court would not grant relief for events nearly ten years prior.

Citation
[2020] EWHC 1047 (Ch)
Parties
Claimant: Mr Clifford Bryan Evans; First Defendant: Eurokey Properties Limited; Second Defendant: Mr Martyn Redman
Jurisdiction
England and Wales
Judgment Date
01 May 2020
Procedural Posture
Unfair Prejudice Petition (companies Act 2006) / Strike Out Application; Final Judgment
Outcome
Claim struck out; costs indication given.
Legal Topics
Unfair Prejudice, Procedural Requirements, Costs, Liquidation, Shareholder Remedies
Company Law Insolvency Law Civil Procedure Unfair Prejudice Procedural Requirements Costs Liquidation Shareholder Remedies

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Parties

Mr Clifford Bryan Evans

Claimant

Eurokey Properties Limited

First Defendant

Mr Martyn Redman

Second Defendant

Procedural Posture

Unfair Prejudice Petition (companies Act 2006) / Strike Out Application; Final Judgment

Legal Issues

  1. 1 Whether the claim form seeking relief under section 996 Companies Act 2006 is valid without a properly presented petition
  2. 2 Whether the proceedings are fatally procedurally flawed for failure to comply with statutory requirements
  3. 3 Whether relief can be granted for events occurring nearly ten years prior

Ratio Decidendi

The claim form must be struck out because no valid unfair prejudice petition was ever presented or issued, and the proceedings are fatally procedurally flawed for failure to comply with statutory requirements. Even if procedural requirements were met, the court would not grant relief for events nearly ten years prior.

Court Disposition

Claim struck out; costs indication given.

Orders

  • Claim form dated 1 March 2020 struck out.
  • Claimant to pay costs of Second Defendant to be assessed if not agreed.