The Court of Appeal has clarified that to succeed on an unfair prejudice petition, the petitioner must demonstrate the unfair prejudice results from the conduct of the affairs of the company (Primekings Holding Limited and others v Anthony King, James King and Susan King [2021] EWCA Civ 1943). Any allegations relating to the respondent’s personal conduct will succeed only if that conduct can be shown to be causally connected to the conduct of the affairs of the company. A mere link between the two will not suffice.
Unfair Prejudice Petitions in the UK: Conduct of the Affairs of the Company is King
