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United Kingdom
unfair prejudiceminority shareholder remedies
J F Ming Inc v Ming Siu Hung
J F Ming Inc v Ming Siu Hung BVIHCMAP2016/0036 (Eastern Caribbean Court of Appeal, BVI, 28 June 2017); on appeal Ming Siu Hung v J F Ming Inc [2021] UKPC 1
Key Principle
A persistent failure by those controlling a company to provide a shareholder with financial information to which the constitution (here Article 120 of the articles) entitles him can amount to unfairly prejudicial conduct, but the appropriate remedy must be proportionate and a compulsory share buy-out will not be ordered where reinstatement of the information rights is the proportionate response.
Area of Law
General
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