19th March 2024
On 23 February 2024, the Court of Appeal held in THG PLC v Zedra Trust Company (Jersey) Ltd [2024] EWCA Civ 158 that unfair prejudice petitions brought under section 994 of the Companies Act 2006 are subject to the limitation periods under the Limitation Act 1980.
In doing so, it departed from the “received wisdom” that unfair prejudice petitions were not subject to any limitation period. That proposition had been acknowledged in several lower court decisions and the leading textbooks, but it no longer holds true.
Click here for the full article by Roger Laville and Serena Lee published on LinkedIn, which discusses the basis for the decision as well as its implications.