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part 8

part 8

Postby jantra » Wed Feb 01, 2017 9:21 am

I'm not sure where this is supposed to go so DLS please move to a more suitable forum if you think it appropriate

for those that now about my ongoing saga, my solicitor has advised that we are submitting a part 8 claim as well as a s994 unfair prejudice claim. I am aware of the latter but I didn't even know the former could be done. Does this mean we are simply asking the court regarding a point of law? for example, citing Russell v Northern Banking Corporation, we are claiming the terms of the shareholders agreement are binding on all shareholders and therefore are compelled to vote in a certain way. As shareholders appoint the directors, then to appoint a director requires the shareholders to achieve the threshold set out in their agreement. Whilst nothing the shareholders do can take away a company's statutory rights, having a higher threshold for the shareholder than the company means that whilst the company has to accept and appointment with a straightforward majority, the shareholders require a super majority as set out in the shareholders agreement.

is that what we are going to be asking and if so, are part 8 proceedings a short process?
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Re: part 8

Postby atticus » Wed Feb 01, 2017 9:34 am

Part 8 is primarily for cases with no real dispute about the facts.

Do you ask your solicitor about his/her advice? If not, why not?
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Re: part 8

Postby jantra » Wed Feb 01, 2017 10:50 am

atticus wrote:Part 8 is primarily for cases with no real dispute about the facts.

Do you ask your solicitor about his/her advice? If not, why not?


of course I ask. but it is also useful to get a second (or third) opinion and this site is a good resource.

the facts are

the shareholders appoint the directors
all shareholders signed either the sharholders agreement or a deed of adherence
the shareholders agree that a threshold higher than an ordinary resolution would be required
a group of shareholders, by ordinary resolution, have appointed one director and removed another
as per Russell v Northern Bank, a shareholders agreement is binding on all signatories (including the company) and a shareholder can rely on the other shareholders to vote in a set way according to the agreement
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Re: part 8

Postby atticus » Wed Feb 01, 2017 10:59 am

The point is, jan, that your solicitors have access to all the documents and information that you have been able to provide. They are very much better placed to advise you. I am not going to have the temerity to comment on advice when I only have a few pieces of the puzzle. So if you need more information to help you understand advice you are being given, you should ask the person giving you the advice.

You do not even say what claim is proposed to be made using the Part 8 procedure.
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Re: part 8

Postby jantra » Wed Feb 01, 2017 12:22 pm

atticus wrote:The point is, jan, that your solicitors have access to all the documents and information that you have been able to provide. They are very much better placed to advise you. I am not going to have the temerity to comment on advice when I only have a few pieces of the puzzle. So if you need more information to help you understand advice you are being given, you should ask the person giving you the advice.

You do not even say what claim is proposed to be made using the Part 8 procedure.


i think this comment highlights my ignorance on these matters. I will leave it to the solicitor to explain when we meet on Friday.

Thanks again.
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Re: part 8

Postby BoJangles » Thu Mar 02, 2017 7:15 pm

You really need to read CPR Part 8 which might go someway in explaining why it is being conjoined with the s944. ;)
Note: I am not a lawyer...just learnt a fair bit on that hideous road called litigation
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