ABSTRACT
This short article examines the recent English Court of Appeal decision of THG plc v Zedra Trust Company (Jersey) Limited [2024] EWCA Civ 158. In that case, the court was confronted with the question of whether a, and if so what, period of limitation applies to unfair prejudice petitions under section 994 of the Companies Act 2006. Although the Limitation Act 1980 makes no mention of these petitions, the court held that such proceedings do fall within the 1980 Act’s regime, with the precise limitation period depending on whether the relief sought is monetary or non-monetary in nature. That the limitation period applicable to proceedings under the same provision (section 994) depend on the nature of the remedy sought is a difficult position to defend. The fault lies less with the Court of Appeal, rather it is submitted that this decision sharply highlights the (already much vocalized) inadequacies of the present statutory limitation regime.
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John (Ching Jack) Choi, Limitation Period Applicable to Unfair Prejudice Petitions, Business Law Review volume 45, issue 3, 88-90 (2024).
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