What are My Chances of Success in an Unfair Prejudice Petition?

This will significantly depend on the extent to which (how bad) the conduct ‘against’ you as a Shareholder has been, i.e. how unfair, how prejudicial, and the extent and amount of the loss you and the company have suffered as a result of the Shareholder/Director’s conduct. The court will also consider the risk and extent of future damage to the company and any Shareholder personally when considering whether to grant, for example, an injunction. 

Prospects of success cannot be stated in general terms for all the above reasons and each case must be considered on its own merits. 

If you are a Shareholder and consider you have suffered unfair prejudice, we’re happy to speak with you at Partner level, including to give an initial informal view of the merits of your claim and the best way commercially to improve your position and protect it from worsening.