Graham v Every and others

Company – Member. The claimant presented a petition for relief from unfair prejudice under s 994 of the Companies Act 2006. In January 2013, the judge allowed the individual defendants' application to strike out the claimant's petition in part. The claimant appealed and the defendants cross-appealed. The Court of Appeal, Civil Division held that the first allegation struck out could not properly be determined without hearing evidence and making findings of fact. Further, the claimant had not unreasonably refused an offer to buy out his shares making the petition an abuse of process. However, the claimant would be required to provide further particulars.

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