In addition to all aspects of company litigation, Mark is regularly instructed to provide advise on matters relating to the internal conduct of the affairs of limited companies and LLPs including issues surrounding the proper convening and conduct of meetings, reduction of share capital, removal of directors and shareholders, alterations to Articles of Association and Shareholder Agreements.
Notable Company cases
Durose v Tagco BV
Dismissal of unfair prejudice petition where conduct of PE investor was permitted by the investment agreements and there was no basis to impose equitable restraints on the exercise of those powers.
Re Electrical Control Installations Ltd [2021] EWHC 2661
Unfair prejudice petition where majority alleged to have conspired to divert business of the the company to a company in which only the majority were interested.
Taylor Goodchild Ltd v Taylor [2021] EWCA Civ 1135
Application of Henderson v Henderson abuse of process to claims pursued by a company against a former director/shareholder where there had been a determined unfair prejudice petition in which the facts giving rise to the claims were live.
Re Macom GmbH (UK) Ltd [2021] EWHC 1661
Unfair prejudice petition by a majority shareholder for breaches of a shareholder agreement where Court despite finding unfair prejudice declined to make a buy-out order and instead imposed a management order.
Re Jones [2020] EWHC 1112 (Ch)
Statutory demand in respect of unpaid directors’ loan account where an issue as to whether loans drawn in anticipation of dividends could be recovered where the dividends did not materialise.
Robert Glwe and Denton and Co Trustees Ltd v Matossian-Rogers [2019] EWHC 3183 (Ch)
Permission to pursue derivative claim against defaulting director.
Re Audas Group Ltd [2019] EWHC 2304
Successfully acted for the petitioner in establishing that he had been unfairly prejudiced as the majority shareholders had dismissed him when acting in bad faith and/or for improper purpose, had not offered him fair value for his shares and had managed the company post his exclusion without complying with the terms of the Shareholders Agreement.
Buckingham Homes Ltd v Rutter & others [2019] EWHC 1760
Successfully acted for the defendant directors in defending a claim that they had breached their statutory duties by selling a property as opposed to retaining and developing it.
Zavaco Plc v Nasir [2017] EWHC 2877
Requirement for subscriber shares of €36 million to be paid in cash and the interaction between sections 584, 593 and 594 Companies Act 2006.
Wootliff v Rushton-Turner & others [2017] EWHC 3129
Unfair prejudice petition considering whether or not a joint venture company was a quasi-partnership and whether or not removal and/or dilution of shares was unfairly prejudicial conduct.
Wootliff v Rushton-Turner & others [2016] EWHC 2802
Whether the jurisdiction under s996 Companies Act 2006 was wide enough to include a payment of compensation by the Company to the Petitioner for wrongful dismissal.
Brian John Harris v Microfusion 2003-2 LLP & others [2016] EWCA Civ 1212
Representing the C (being the representative of a group of investors in a Film Partnership Scheme) seeking permission to bring a common law derivative claim against the managing partners of the LLP
