Joy Margaret Griffiths v John Tudor Griffiths & Ors

Joy Margaret Griffiths v John Tudor Griffiths & Ors

The petitions disclose a sufficiently pleaded cause of action for unfair prejudice and are not suitable for summary disposal; references to other companies are permissible where causally connected; delay/acquiescence and offer to purchase shares do not justify striking out at this stage.

Parties
Petitioner: Ms Joy Margaret Griffiths; First Respondent: Mr John Tudor Griffiths; Second Respondent: The Michael Griffiths Settlement (by its trustees Mr John Tudor Griffiths and Mr Stuart Haynes); Third Respondent: T G Builders Merchants Limited; Second Respondent: The WM Griffiths Family Settlement (by its trustees Mr William Griffiths and Mr Stuart Haynes); Third Respondent: Ellesmere Sand & Gravel Co. Limited
Jurisdiction
England and Wales
Judgment Date
03 February 2023
Procedural Posture
Unfair Prejudice Petition / Ruling on Applications to Strike Out or for Summary Judgment
Outcome
Applications to strike out or for summary judgment dismissed except as to technical pleading objections regarding trusts as respondents.
Legal Topics
Unfair Prejudice, Quasi Partnership, Shareholder Rights, Corporate Governance, Trusts
Company Law Equity Unfair Prejudice Quasi Partnership Shareholder Rights Corporate Governance Trusts

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Parties

Ms Joy Margaret Griffiths

Petitioner

Mr John Tudor Griffiths

First Respondent

The Michael Griffiths Settlement (by its trustees Mr John Tudor Griffiths and Mr Stuart Haynes)

Second Respondent

T G Builders Merchants Limited

Third Respondent

The WM Griffiths Family Settlement (by its trustees Mr William Griffiths and Mr Stuart Haynes)

Second Respondent

Ellesmere Sand & Gravel Co. Limited

Third Respondent

Procedural Posture

Unfair Prejudice Petition / Ruling on Applications to Strike Out or for Summary Judgment

Legal Issues

  1. 1 Whether the petitions disclose a cause of action for unfair prejudice under s.994(1)(a) Companies Act 2006
  2. 2 Whether allegations relating to companies other than the subject company can be pleaded
  3. 3 Whether delay or acquiescence bars relief

Ratio Decidendi

The petitions disclose a sufficiently pleaded cause of action for unfair prejudice and are not suitable for summary disposal; references to other companies are permissible where causally connected; delay/acquiescence and offer to purchase shares do not justify striking out at this stage.

Court Disposition

Applications to strike out or for summary judgment dismissed except as to technical pleading objections regarding trusts as respondents.

Orders

  • Permission to amend petitions granted in agreed form, subject to costs.
  • Joy may apply to amend petitions to address technical objections and directorship dates.