Clark v Utilty Consultancy Services Ltd & Ors

Clark v Utilty Consultancy Services Ltd & Ors

Mr Clark failed to establish any conduct by UCS or the Grews that was unfairly prejudicial to him as a minority shareholder after he reacquired shares in January 2006; the petition therefore fails.

Parties
Petitioner: James Edward Clark; Respondent: Utility Consultancy Services Limited; Respondent: Stewart Oswin Grew; Respondent: Lorna Campbell; Respondent: Clark Construction Initiatives Limited
Jurisdiction
England and Wales
Judgment Date
11 February 2009
Procedural Posture
Petition Under Section 459 of the Companies Act / Judgment
Outcome
petition dismissed
Legal Topics
Unfair Prejudice, Minority Shareholder Rights, Compulsory Liquidation
Company Law Unfair Prejudice Minority Shareholder Rights Compulsory Liquidation

Case Brief

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Parties

James Edward Clark

Petitioner

Utility Consultancy Services Limited

Respondent

Stewart Oswin Grew

Respondent

Lorna Campbell

Respondent

Clark Construction Initiatives Limited

Respondent

Procedural Posture

Petition Under Section 459 of the Companies Act / Judgment

Legal Issues

  1. 1 Whether the affairs of Clark Construction Initiatives Ltd were conducted in a manner unfairly prejudicial to Mr Clark as a minority shareholder
  2. 2 Whether Mr Clark is entitled to relief under section 459 of the Companies Act

Ratio Decidendi

Mr Clark failed to establish any conduct by UCS or the Grews that was unfairly prejudicial to him as a minority shareholder after he reacquired shares in January 2006; the petition therefore fails.

Court Disposition

petition dismissed