The claimant was a shareholder who felt that the affairs of the company were being conducted in a manner unfairly prejudicial to his interests. He began his action by a claim accompanied by particulars of claim. The defendants argued that the action should have been begun by petition, and that the defect could not be cured by amendment and should be struck out.
Held: The requirement to proceed by petition was mandatory and not merely directory. The provision in CPR allowing amendments referred only to the curing of defects in compliance with CPR, and not to a statutory failure. The power of amendment would not allow a claim to be transformed into a petition.
England and Wales
Updated: 27 June 2022; Ref: scu.220022