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Injunction principles applied in unfair prejudice and minority shareholders’ petition.

Timothy Harry appeared in Homes of England Ltd v Horsham Holdings Ltd [2019] EWHC 2429 (Ch), where the Companies Court in England considered the application of American Cyanamid principles in the context of the equivalent unfair prejudice principles in a minority shareholders’ petition. The Court granted an interim injunction preventing property developers from refinancing a development without first paying back a loan from the petitioning company, where the Court held that there was a seriously arguable case that the developers as majority shareholders were conducting business in a way which was unfairly prejudicial to the minority shareholder petitioner.

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