(1) THOMAS ORR and (2) JAMES ORR FOR ORDERS UNDER SECTION 996 OF THE COMPANIES ACT 2006 [2014] ScotCS CSOH_96 (06 June 2014)

(1) THOMAS ORR and (2) JAMES ORR FOR ORDERS UNDER SECTION 996 OF THE COMPANIES ACT 2006 [2014] ScotCS CSOH_96 (06 June 2014)

Petitioners were successful in establishing unfair prejudice and obtaining remedies; expenses should follow success and an additional fee is justified due to complexity, novelty, importance, and specialist skill required.

Citation
[2014] ScotCS CSOH_96
Parties
Petitioner: Thomas Orr; Petitioner: James Orr; Respondent: Second Respondent; Respondent: Third Respondent; Respondent: Fourth Respondent
Jurisdiction
Scotland
Judgment Date
06 June 2014
Procedural Posture
Petition for Orders Under Section 996 of the Companies Act 2006 / Motion for Expenses and Additional Fee Following Successful Petition
Outcome
Motion for expenses granted; additional fee allowed under heads (a), (b), (e), and (g) of rule 42.14(3).
Legal Topics
Unfair Prejudice, Remedies, Expenses, Additional Fee
Company Law Unfair Prejudice Remedies Expenses Additional Fee

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Parties

Thomas Orr

Petitioner

James Orr

Petitioner

Second Respondent

Respondent

Third Respondent

Respondent

Fourth Respondent

Respondent

Procedural Posture

Petition for Orders Under Section 996 of the Companies Act 2006 / Motion for Expenses and Additional Fee Following Successful Petition

Legal Issues

  1. 1 Whether petitioners are entitled to expenses following success
  2. 2 Whether an additional fee should be allowed under rule of court 42.14

Ratio Decidendi

Petitioners were successful in establishing unfair prejudice and obtaining remedies; expenses should follow success and an additional fee is justified due to complexity, novelty, importance, and specialist skill required.

Court Disposition

Motion for expenses granted; additional fee allowed under heads (a), (b), (e), and (g) of rule 42.14(3).

Orders

  • Petitioners awarded expenses of the petition process except as already dealt with.
  • Additional fee allowed under rule of court 42.14 heads (a), (b), (e), and (g).