On 25 June 2019, Pepperall J. in the TCC handed down an important judgment upholding a Part 8 challenge relating to a major part of an adjudicator’s decision, and preventing enforcement of that part as a result.
As the law of unfair prejudice in the conduct of companies’ affairs has developed, sports clubs (particularly football and rugby clubs) have proved to be fertile sources of disputes between shareholders. In this article, we examine unfair prejudice petitions which have concerned the sports sector to look at the effects of those decisions and at what we can learn not just about the sorts of shareholder disputes which arise in sports clubs but also what we can learn from those decisions and apply to shareholder disputes in other contexts.
A critical, if not the most critical part of any unfair prejudice petition is the valuation of the minority shareholding. Paul Mitchel QC and Nigel Burroughs of 4 New Square were counsel in Swain and Swains Plc, a case in which the expert share valuation evidence was taken concurrently. They look at the pros and cons of hot tubbing, and offer practical advice on how to approach the way experts should give their evidence.
This article was first published on Lexis®PSL on 8 July 2019. Corporate Crime analysis: An open letter signed by over 50 organisations, including Apple, WhatsApp, Liberty and Privacy International, recently called on the UK Government Communications Headquarters (GCHQ) to abandon a proposal to eavesdrop on encrypted chats. Can Yeginsu and Anthony Jones, barristers at 4 New Square Chambers, explain the background to the proposal and consider some of the related legislation in this area.
In this article, prompted by the recent quantum decision in Re Edwardian Group Ltd  EWHC 873 (Ch) Helen Evans and Anthony Jones of 4 New Square consider the range of valuation approaches available to a judge when ordering a share purchase.