Hawkes v Cuddy and others: ChD 13 Dec 2007

The court found that the petitioner had been unfairly prejudiced; but it granted the relief sought by the respondent. The court may exercise its own creativity in matching its remedy to the unfair prejudice which has been established.
Lewison J
[2007] EWHC 2999 (Ch), [2008] BCC 390
Companies Act 1985
England and Wales
Cited by:
Appeal fromHawkes v Cuddy and Others CA 2-Apr-2009
Stanley Burnton LJ rejected the suggestion that on a petition under s. 994 the court cannot award relief that the petitioner does not seek. He commented: ‘In the present case, the correctness or otherwise of that proposition is . .
CitedMacom Gmbh v Bozeat and Others ChD 21-Jun-2021
Order regulating company’s affairs
COMPANY – Unfair prejudice – Petitioner 60% shareholder – Respondents 40% shareholders – Alleged breaches of director’s duties and failures to observe Shareholders’ Agreement – Undermining company’s corporate governance – Appropriate remedy – . .

These lists may be incomplete.
Updated: 10 July 2021; Ref: scu.262962