Ventura Capital GP Limited & Anor. v DnaNudge Limited

Ventura Capital GP Limited & Anor. v DnaNudge Limited

Claimants succeeded on the main issue of invalidity of share conversion and were entitled to 90% of their costs; the defendant's limited success on s. 633 warranted a 10% discount. Permission to appeal was refused due to lack of real prospect of success.

Parties
Claimant: Ventura Capital GP Limited; Claimant: Ventura Capital Limited; Defendant: DnaNudge Limited
Jurisdiction
England and Wales
Judgment Date
21 March 2023
Procedural Posture
Company Law / Post Judgment Costs and Permission to Appeal Ruling
Outcome
Claimants awarded 90% of their costs; permission to appeal refused.
Legal Topics
Share Conversion, Variation of Class Rights, Costs, Permission to Appeal

Case Brief

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Parties

Ventura Capital GP Limited

Claimant

Ventura Capital Limited

Claimant

DnaNudge Limited

Defendant

Procedural Posture

Company Law / Post Judgment Costs and Permission to Appeal Ruling

  1. 1 Whether the conversion of Series A Preferred Shares into Ordinary Shares was valid
  2. 2 Whether the claimants were entitled to relief under section 633 of the Companies Act 2006
  3. 3 Incidence and quantification of costs

Ratio Decidendi

Claimants succeeded on the main issue of invalidity of share conversion and were entitled to 90% of their costs; the defendant's limited success on s. 633 warranted a 10% discount. Permission to appeal was refused due to lack of real prospect of success.

Court Disposition

Claimants awarded 90% of their costs; permission to appeal refused.

Orders

  • Claimants to have 90% of their costs of the proceedings.
  • Permission to appeal refused.