Stuart Adair steps in to secure the dismissal of unfair prejudice petition

12 June 2019

Due to problems with the time estimate, the trial of Michel v Michel [2019] EWHC 1378 (Ch) was adjourned part-heard on 11th July 2018. Stuart Adair stepped in to replace previously instructed counsel and represent the Respondents for the final 8 days of the trial (8th – 16th May 2019). He secured the dismissal of the unfair prejudice petition and an order for indemnity costs. Chief ICC Judge Briggs accepted Stuart’s submissions that the Petitioner was not a quasi-partner and had no contractual right to be a director of the Company or to receive information and that, in the circumstances, there was nothing unfairly prejudicial regarding the removal of the Petitioner from his position as a director or the management of the Company.

The Judge ordered that the Respondents’ costs be assessed on the indemnity basis (if not agreed) because the evidence of the Petitioner had been found to be untruthful in certain important respects, the Petitioner had made serious allegations against the Respondents, which ought not to have been made, and an allegation of breach of fiduciary duty had been pleaded in such a way that it was unclear what the Petitioner’s case was and how the Respondents were to meet that case.

Stuart was instructed by Simon Silver of SBP Law.

Stuart is ranked as a Leading Junior for Company and Partnership disputes in both Chambers and Partners and Legal 500.