Ian Charles Hannam v RPA Systems Limited & Anor

Ian Charles Hannam v RPA Systems Limited & Anor

The application for transfer was dismissed because the alleged factual overlap was materially overstated, the petition was at an advanced stage compared to other proceedings, transfer would cause wasted costs and significant delay, and no persuasive case for transfer was made out under CPR r.30.3 or PD57AA. The overriding objective would be impeded, not furthered, by transfer.

Parties
Petitioner: Ian Charles Hannam; First Respondent: RPA Systems Limited; Second Respondent: Pyser Optics Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2022
Procedural Posture
Unfair Prejudice Petition Under S.994 Companies Act 2006 / Ruling on Application to Transfer Proceedings to Central London County Court
Outcome
Application to transfer proceedings dismissed
Legal Topics
Unfair Prejudice, Transfer of Proceedings, Case Management, Shareholder Disputes
Company Law Civil Procedure Unfair Prejudice Transfer of Proceedings Case Management Shareholder Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ian Charles Hannam

Petitioner

RPA Systems Limited

First Respondent

Pyser Optics Limited

Second Respondent

Procedural Posture

Unfair Prejudice Petition Under S.994 Companies Act 2006 / Ruling on Application to Transfer Proceedings to Central London County Court

Legal Issues

  1. 1 Whether the s.994 petition should be transferred to Central London County Court for case management with related proceedings
  2. 2 Whether there is sufficient factual and legal overlap between the petition and other pending claims to justify transfer
  3. 3 Whether transfer would be convenient or fair under CPR r.30.3 and PD57AA

Ratio Decidendi

The application for transfer was dismissed because the alleged factual overlap was materially overstated, the petition was at an advanced stage compared to other proceedings, transfer would cause wasted costs and significant delay, and no persuasive case for transfer was made out under CPR r.30.3 or PD57AA. The overriding objective would be impeded, not furthered, by transfer.

Court Disposition

Application to transfer proceedings dismissed

Orders

  • Petition to proceed to liability trial listed for February 2023
  • Informal request to transfer related proceedings to High Court declined