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NLJ this week: Unfair prejudice after THG overturned the law on limitation

03 May 2024
Issue: 8069 / Categories: Legal News , Procedure & practice , Company
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Why was everyone wrong for so long about s 994 petitions? In this week’s NLJ, Lara Kuehl, barrister at Selborne Chambers, looks into THG v Zedra and its many implications

Kuehl writes: ‘It has been widely believed for 40 years by the company law world that unfair prejudice petitions were not subject to any statutory limitation period. It now appears, however, that judges at every level, leading practitioner texts and two Law Commission reports have all been wrong about this.’

The author explores the decision and its implications, and identifies which potential implications THG v Zedra left unclear and which will therefore need to be worked out in future cases.

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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