Unfair prejudice petitions are subject to statutory limitation periods

The Courts, practitioners and leading textbooks have always assumed that the Limitation Act 1980 (the Limitation Act) does not apply to claims for relief from unfair prejudice under section 994 of the Companies Act 2006 (the Companies Act).

In THG Plc v Zedra Trust Company (Jersey) Limited [2024] EWCA Civ 158, the Court of Appeal examined the basis for that assumption and unanimously decided that:

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Limitation Act 1980 (UK), Consumer Credit Act 1974 (UK), Companies Act 2006 (UK)
Authors:
Lois Horne , Dominic Sedghi , Joanna Constantis , Madeleine Brown
Location:
United Kingdom
Firm:
Macfarlanes LLP