PETITION OF ANGELA WISHART FOR AN ORDER UNDER AND IN TERMS OF SECTIONS 994 AND 996 OF THE COMPANIES ACT 2006 [2016] ScotSC 29 (14 April 2016)

PETITION OF ANGELA WISHART FOR AN ORDER UNDER AND IN TERMS OF SECTIONS 994 AND 996 OF THE COMPANIES ACT 2006 [2016] ScotSC 29 (14 April 2016)

The petition may be amended to include a crave for payment under section 996 of the Companies Act 2006, and interim diligence is in principle competent in such proceedings. However, the petitioner failed to establish the statutory grounds for interim diligence, as there was insufficient evidence of a real and substantial risk to enforcement due to insolvency or asset dissipation. The motion for warrant to arrest on the dependence was refused.

Citation
[2016] ScotSC 29
Parties
Petitioner: Angela Wishart; Respondent: Simon Wishart
Jurisdiction
Scotland
Judgment Date
14 April 2016
Procedural Posture
Petition Under Companies Act 2006, Sections 994 and 996 / Interlocutory Hearing on Amendment and Interim Diligence (arrestment on the Dependence)
Outcome
Petition allowed to be amended; motion for interim diligence (arrestment on the dependence) refused; expenses awarded to respondent for the hearing.
Legal Topics
Unfair Prejudice, Shareholder Remedies, Interim Diligence, Directors' Duties, Dividends, Directors' Loans
Company Law Civil Procedure Unfair Prejudice Shareholder Remedies Interim Diligence Directors' Duties Dividends Directors' Loans

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Parties

Angela Wishart

Petitioner

Simon Wishart

Respondent

Procedural Posture

Petition Under Companies Act 2006, Sections 994 and 996 / Interlocutory Hearing on Amendment and Interim Diligence (arrestment on the Dependence)

Legal Issues

  1. 1 Whether the petition may be amended to include a crave for payment under section 996 of the Companies Act 2006
  2. 2 Whether interim diligence (arrestment on the dependence) is competent in such proceedings
  3. 3 Whether the petitioner has established a prima facie case of unfair prejudice justifying interim diligence

Ratio Decidendi

The petition may be amended to include a crave for payment under section 996 of the Companies Act 2006, and interim diligence is in principle competent in such proceedings. However, the petitioner failed to establish the statutory grounds for interim diligence, as there was insufficient evidence of a real and substantial risk to enforcement due to insolvency or asset dissipation. The motion for warrant to arrest on the dependence was refused.

Court Disposition

Petition allowed to be amended; motion for interim diligence (arrestment on the dependence) refused; expenses awarded to respondent for the hearing.

Orders

  • Petition amended in terms of the Minute of Amendment
  • Motion for warrant to arrest on the dependence refused