Moxon v Litchfield: Re LCM Wealth Management Ltd

12th December 2013


Geoffrey Zelin

Moxon v Litchfield: Re LCM Wealth Management Ltd
Chancery Division (Companies Court) (12/12/13)
Company  – Unfair prejudice
[2013] EWHC 3957 (Ch)

Geoffrey successfully represented the respondents to this unfair prejudice petition.  Apart from complex factual disputes the case raised issues as to how the concept of unfair prejudice applied in circumstances where there were extensive bespoke agreements contained in the company’s articles,   a shareholder agreement and director’s employment contracts, including “bad leaver” provisions requiring a “bad leaver” to transfer shares at par.

There were also difficult questions of construction arising from inconsistencies between drafting errors in the various agreements.

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