xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Company Law Cases
Minority Rights and Remedies Cases

Re Macro (Ipswich) [1994] 2 BCLC 354

Country:
United Kingdom
By Oxbridge Law Team
Held
RELATED CASES

  • Claimant owned shares in two property-owning companies. These two companies had a property managing agent, the Thompsons.

  • Claimant believed two companies had suffered losses due to Thompsons committing various improprieties (e.g. charging excessive management charges to two companies).

  • Claimant therefore sued Defendant, sole director of Thompsons, on grounds he had inadequately supervised his firm.

Held

  • Case distinguished from Re Elgindata

  • In Elgindata, management had simply been poor, whereas in present case:

    • Were specific acts of mismanagement by Thompsons, which Defendant failed to rectify

    • Some acts of mismanagement were repeated over many years

  • Thus on facts, acts of mismanagement were sufficiently serious to cause unfair prejudice to Claimant.

  • Relevant here that Defendant’s firm stood to gain from some the acts of mismanagement (e.g. the excessive charges).This is possibly a key factor.

RELATED CASES

Any comments or edits about this case?
Get in touch

Similar cases

Giles v Rhind
Defendant, a director, diverted company’s most lucrative contract away from company in breach of duty. As result of loss of this contract, company went into receivership and did not have enough money...
Plus Group v Pyke
Defendant was a director of a company (Claimant), in which him and another person owned 50% of shares. After dispute with other director, Defendant was excluded from running of Claimant. A former cli...
Re Elgindata
Is no unfair prejudice to shareholder where those in control of company are merely NEGLIGENT Unless the negligent misconduct amounts to breach of director’s duty of care and skill Claimant cannot sue...
Breckland Group Holdings v London & Suffolk Properties Ltd
Articles of company stated that management of company resided with directors. In addition, shareholders had shareholders’ agreement stating that litigation could only be brought on behalf of company...
Allied Maples Group v Simmons & Simmons
Defendant paid Plaintiff, solicitors, to take over a company for them. After completion, Defendant became aware of several claims that could be made against them as a result of the takeover agreement...

Related free notes samples

Unfair Prejudice & Just And Equi...
Company law notes fully updated for recent exams in the UK. These notes cover all the major LLB compa

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.