Hecquet v McCarthy & Ors [2006] EWHC 832 (Ch) (12 April 2006)

Hecquet v McCarthy & Ors [2006] EWHC 832 (Ch) (12 April 2006)

Standing under Section 459 is satisfied by formal requirements: registered members and transferees of shares have standing to petition, regardless of beneficial interest or refusal to register. Prejudice to interests is relevant to relief, not to standing.

Citation
[2006] EWHC 832 (Ch)
Parties
Petitioner: Terence Hecquet; Petitioner: Robert Hoare; Petitioner: Robert Marsden; Respondent: Tom McCarthy; Respondent: Malcolm McCarthy; Respondent: Edwin McCarthy; Respondent: McCarthy Surfacing Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Section 459 Companies Act 1985 Petition / Preliminary Issue on Standing
Outcome
Petitioners have standing to maintain the petition.
Legal Topics
Standing Under Section 459, Shareholder Rights, Transfer of Shares, Unfair Prejudice
Company Law Standing Under Section 459 Shareholder Rights Transfer of Shares Unfair Prejudice

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Parties

Terence Hecquet

Petitioner

Robert Hoare

Petitioner

Robert Marsden

Petitioner

Tom McCarthy

Respondent

Malcolm McCarthy

Respondent

Edwin McCarthy

Respondent

McCarthy Surfacing Limited

Respondent

Procedural Posture

Section 459 Companies Act 1985 Petition / Preliminary Issue on Standing

Legal Issues

  1. 1 Do the petitioners have standing to maintain a petition under Section 459 of the Companies Act 1985?

Ratio Decidendi

Standing under Section 459 is satisfied by formal requirements: registered members and transferees of shares have standing to petition, regardless of beneficial interest or refusal to register. Prejudice to interests is relevant to relief, not to standing.

Court Disposition

Petitioners have standing to maintain the petition.

Orders

  • Preliminary issue decided in favour of petitioners; all three petitioners have standing.