Limitation and section 994: have we all been getting it wrong for 40 years?

Since the introduction of the unfair prejudice cause of action under the 1980 Companies Act, practitioners have taken the view that this creature of statute was not subject to any statutory limitation period.

That view was supported by numerous first instance decisions, every practitioner textbook, two Law Commission Reports, the Court of Appeal and (most recently) Lord Leggatt in a 2023 decision of the Supreme Court. Dissenting voices? There were none.

Yet, it now turns out 40 years of “received wisdom” was wrong.

So the Court of Appeal decided on 23 February in THG Plc v Zedra Trust Company (Jersey) Limited [2024] EWCA Civ 158.

Was the Court of Appeal right? And is Lord Leggatt wrong?

Date: Tuesday 19th March 2024

Time: Registration 08:15

          Seminar 08:30 – 09:15am

Venue: 3 Verulam Buildings, Gray’s Inn, London, WC1R 5NT

RSVP: marketing@3vb.com

Coffee and pastries will be served.