SHAREHOLDERS REMEDIES [1997] EWLC 246(APPENDIX H) (24 October 1997)

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

Citation, commencement and interpretation

1 (1) These Rules may be cited as the Companies (Unfair Prejudice Applications) Proceedings Rules 1986 and shall come into force on 29th December 1986.

Preliminary

2 (1) These Rules apply in relation to petitions presented to the court on or after 29th December 1986 under Part XVII of the Act (protection of companys members against unfair prejudice) by a member of a company under section 459(1), by a person treated as a member under section 459(2) or by the Secretary of State under section 460.

(2) Except so far as inconsistent with the Act and these Rules, the Rules of the Supreme Court and the practice of the High Court apply to proceedings under Part XVII of the Act in the High Court, and the Rules and practice of the County Court apply to such proceedings in a county court, with any necessary modifications.

Presentation of petition

3 (1) The petition shall be in the form set out in the Schedule to these Rules, with such variations, if any, as the circumstances may require.

(2) The petition shall specify the grounds on which it is presented and the nature of the relief which is sought by the petitioner, and shall be delivered to the court for filing with sufficient copies for service under Rule 4.

(3) The court shall fix a hearing for a day ("the return day") on which, unless the court otherwise directs, the petitioner and any respondent (including the company) shall attend before the registrar in chambers for directions to be given in relation to the procedure on the petition.

(4) On fixing the return day, the court shall return to the petitioner sealed copies of the petition for service, each endorsed with the return day and the time of hearing.

Service of petition

4 (1) The petitioner shall, at least 14 days before the return day, serve a sealed copy of the petition on the company.

(2) In the case of a petition based upon section 459 of the Act, the petitioner shall also, at least 14 days before the return day, serve a sealed copy of the petition on every respondent named in the petition.

Return of petition

5 On the return day, or at any time after it, the court shall give such directions as it thinks appropriate with respect to the following matters-

(a) service of the petition on any person, whether in connection with the time, date and place of a further hearing, or for any other purpose;

(b) whether particulars of claim and defence are to be delivered, and generally as to the procedure on the petition;

(d) the manner in which any evidence is to be adduced at any hearing before the judge and in particular (but without prejudice to the generality of the above) as to-

(i) the taking of evidence wholly or in part by affidavit or orally; (ii) the cross-examination of any deponents to affidavits;

(e) any other matter affecting the procedure on the petition or in connection with the hearing and disposal of the petition.

Settlement and advertisement of the order

6 (1) When an order has been made by the court under Part XVII of the Act, the petitioner and every other person who has appeared on the hearing of the petition shall, not later than the business day following that on which the order is made, leave at the court all the documents required for enabling the order to be completed forthwith.

(2) It is not necessary for the court to appoint a time, date and place for any person to attend to settle the order, unless in any particular case the special circumstances make an appointment necessary.

(3) If the court considers that the order should be advertised, it shall give directions as to the manner and time of advertisement.