Selected experience · High Court, Business and Property Courts in Leeds
Brown v Bowthorpe Group and others
High Court unfair-prejudice proceedings
High Court unfair-prejudice proceedings
High Court, Business and Property Courts in Leeds
2024
Sole counsel for the respondents, instructed by Geldards
Unfair prejudice, administration and standing
Alexander successfully represented the respondents in a complex section 994 petition involving alleged breaches of directors' duties, derivative-action issues, company administration, shareholder insolvency and standing. The petition was withdrawn during a listed ten-day trial with a significant costs order.
Case overview
The alleged unfair prejudice included breaches of directors' duties and placing the company into administration. The proceedings also engaged derivative-action issues and required the court to consider shareholder insolvency and the petitioner's standing. The petition was listed for a ten-day High Court trial.
Principal issues or remedies
- Standing to pursue an unfair-prejudice petition where shareholder insolvency was engaged.
- Alleged breaches of directors' duties and the relationship between personal and derivative remedies.
- Whether placing the company into administration constituted unfairly prejudicial conduct.
- The relationship between shareholder remedies and insolvency processes.
Alexander's role, work and outcome
The petitioner's principal witness declined to continue cross-examination. The petition was withdrawn on the third day and the court made a significant costs order.
Why the case matters
The matter involved sole advocacy at trial in litigation combining section 994 and derivative remedies, directors' duties and difficult corporate-insolvency issues.
Official, reported and published materials
The petition was withdrawn during trial and there is no published final judgment.