Back to Insights listing

Insolvency, Commercial disputes, Company lawFriday 22 December 2023

High Court grants buy-out order in Knell v Van Loo

This case involved a 7-day trial of an unfair prejudice petition, followed by a one-day quantum hearing. The petition was brought by minority shareholders in respect of two substantial property developments; at trial the Deputy Judge found numerous incidents of unfair prejudice, including a failure on behalf of the board to exercise valuable contractual rights held by the Company. Whilst the Company was heavily balance-sheet insolvent, the Deputy Judge granted a buy-out order in the Petitioners’ favour, on the basis that the Company be valued as if the unfairly prejudicial acts had not occurred, and, in addition, that part of the Company’s debt be ignored for the purposes of the buy-out order.

Jessica Brooke was instructed by Clintons and appeared for the successful Petitioners.

Read the full judgment

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Events / Webinars

    Civil Fraud Conference 2024

    Thursday 4th July 2024 | 12.15pm - 6pm, followed by drinks and canapés
    The View at The Royal College of Surgeons

    Price TBC

    View more
  2. Placeholder

    Articles

    A Nigerian tragedy: how to set aside a US$11 billion arbitral award

    John Grocott-Barrett and Ernest Leung have written an article for TL4’s FIRE Starters magazine on ‘A Nigerian tragedy: how to set aside a US$11 billion arbitral award’, where they analyse Federal Republic of Nigeria v Process and Industrial Developments Limited.... Read more

    By John Grocott-Barrett | Ernest Leung
    Monday 4 March 2024

    View more
  3. Placeholder

    External Conferences

    Chancery Bar Association Geneva Conference

    Thursday 18th April 2024
    Novotel Geneve Centre, Geneva

    Speakers:
    Thomas Robinson

    View more
  4. Placeholder

    Recent Cases

    Lim and others v Ong

    Civil fraud and asset recovery, Commercial disputes, Company law

    James Bailey KC | James Goodwin
    Wednesday 21 February 2024

    View more

View all thought leadership