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England and Wales decisions
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Transfers of shares by Aliotta Holdings to Mr Sleater and Mr Whitehead in 2024 were at an undervalue and intended to put assets beyond reach of claimants, engaging section 423 and requiring reversal; subsequent 2025 transfers were for sufficient consideration and not at undervalue, so section 423 did not apply.
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Benjamin Daniel Sparks & Anor v Emma Ashton Thomas & Ors [2026] EWHC 1173 (Admin) (15 May 2026)
The High Court partly allowed an unfair prejudice petition, finding Mr Sparks had been excluded from management without objective justification and ordering a fair-value share purchase.
Chave v Farnsworth & Ors [2026] EWHC 970 (Ch) (24 April 2026)
Unfair prejudice petition in a quasi-partnership company was allowed, with Adam ordered to buy Kevin’s shares at a 1 May 2023 value and the cross-petition dismissed.
Singh v Bains & Anor [2026] EWCA Civ 408 (01 April 2026)
The Court of Appeal dismissed an appeal over an alleged oral agreement for equal shareholding in GB Retail Limited, upholding the trial judge’s factual findings.
The Court of Appeal dismissed an appeal over an alleged oral agreement for a 50% shareholding in GB Retail Limited, upholding the trial judge’s factual findings.
The claimant's entitlement under the DOU is limited to 7% of the net proceeds of a qualifying Share Sale as defined; the GF Transfer was not a sham as the parties intended a genuine transfer for tax purposes; the entire agreement clause precludes collateral warranty and misrepresentation claims; Mr Fraser did not breach clause 5.3 anti-avoidance or good faith obligations as the relevant transactions predated the DOU or were not intended to reduce the claimant's entitlement.
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It is not desirable for Aaron Chave and Kent Van Solutions Limited to remain as parties to the Cross-Petition because no substantive relief is sought against them, they were not involved in conducting the company's affairs in an unfairly prejudicial manner, and their inclusion would be abusive and serve no legitimate purpose under CPR 19.2(3).
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Clarence Road Development Ltd v 4 Browns Close Ltd [2025] UKFTT 1449 (PC) (15 October 2025)
The Tribunal granted a restriction over registered land after finding that a director misused company funds to develop the property, supporting a tracing claim.
The Tribunal granted a restriction against title after finding company funds were used by a director to develop the property in breach of fiduciary duty.
Lecaille v National Parking Enforcement Ltd & Anor [2025] EWHC 2281 (Ch) (08 September 2025)
The court found that Ms Lecaille’s conduct in the family-run company unfairly prejudiced Mr Lecaille under section 994 CA 2006 and ordered a share buyout.
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