Bown v Shipley & Anor [2026] EWHC 918 (Ch) (20 April 2026)

Bown v Shipley & Anor [2026] EWHC 918 (Ch) (20 April 2026)

Petitioner failed to demonstrate standing to present the petition under s.994 Companies Act 2006, as there was insufficient evidence that a completed stock transfer form was lodged with the company; even if standing were established, the intrusive interim relief sought (change of management, reinstatement, appointment of accountants) was not justified due to lack of compelling evidence and heightened risk of injustice; ordinary injunction to restrain land dealings was also refused as no risk was shown.

Citation
[2026] EWHC 918 (Ch)
Parties
Petitioner: Jonathan Frank Bown; First Respondent: Clive Shipley; Second Respondent: Durley Farm Limited
Jurisdiction
England and Wales
Judgment Date
20 April 2026
Procedural Posture
Section 994 Companies Act 2006 Petition / Interim Application for Injunctive Relief Pending Trial
Outcome
Application dismissed
Legal Topics
Unfair Prejudice, Standing, Interim Injunctions, Director Removal, Share Transfer, Corporate Governance
Company Law Insolvency Law Unfair Prejudice Standing Interim Injunctions Director Removal Share Transfer Corporate Governance

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Parties

Jonathan Frank Bown

Petitioner

Clive Shipley

First Respondent

Durley Farm Limited

Second Respondent

Procedural Posture

Section 994 Companies Act 2006 Petition / Interim Application for Injunctive Relief Pending Trial

Legal Issues

  1. 1 Whether petitioner has standing under s.994 Companies Act 2006
  2. 2 Whether interim injunctive relief (including change of management) should be granted
  3. 3 Whether alleged conduct amounts to unfair prejudice under s.994

Ratio Decidendi

Petitioner failed to demonstrate standing to present the petition under s.994 Companies Act 2006, as there was insufficient evidence that a completed stock transfer form was lodged with the company; even if standing were established, the intrusive interim relief sought (change of management, reinstatement, appointment of accountants) was not justified due to lack of compelling evidence and heightened risk of injustice; ordinary injunction to restrain land dealings was also refused as no risk was shown.

Court Disposition

Application dismissed

Orders

  • No interim relief granted
  • Parties invited to agree draft minute of order including directions to trial