Are there Different Types of Unfair Prejudice?
Unfair prejudice can take many different forms. There is no ‘standard’ or agreed definition and anything which causes one Shareholder to suffer prejudice unfairly as a result of another Shareholder, may amount to unfair prejudice.
Unfair prejudice is referred to in section 994-996 of the Companies Act 2006. For some Shareholders/companies, unfair prejudice will be caused by the unlawful removal of monies, for others the unlawful transfer of property or other assets. It is therefore right to say that unfair prejudice can be caused by different conduct/issues, but the reference to unfair prejudice is the type of claim that a Shareholder can pursue in a similar way to say a breach of contract claim.