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Aidan Briggs
Aidan Briggs
Barrister and Mediator
New Square Chambers
Alexander Learmonth
Alexander Learmonth , KC
Barrister
New Square Chambers
Christopher Snell
Christopher Snell
New Square Chambers
James McKean
James McKean
Barrister
New Square Chambers
James Saunders
James Saunders
Barrister
New Square Chambers
James Davies
James Davies
New Square Chambers
Jessica Powers
Jessica Powers
Barrister
New Square Chambers
Leigh Sagar
Leigh Sagar
Barrister
New Square Chambers
Mark Hubbard
Mark Hubbard
Barrister
New Square Chambers
Sarah Egan
Dr. Sarah Egan
Barrister
New Square Chambers
Contributions by New Square Chambers Experts

101

Unfair prejudice claim—the procedure
Unfair prejudice claim—the procedure
Practice notes

This Practice Note considers the key procedural aspects of pursuing a section 994 unfair prejudice claim (previously known as a section 459 petition), including funding, limitation, an outline of the procedure and costs issues, as well as some general practical considerations.

Unfair prejudice claim—what it is and when to use it
Unfair prejudice claim—what it is and when to use it
Practice notes

This Practice Note considers what an unfair prejudice claim or petition (a section 994 petition, previously known as a section 459 petition) is and when it should be used to protect a minority shareholder’s rights. It also gives examples of unfair prejudice and deals with the remedies available with reference to section 996 of the Companies Act 2006.

The effect of sections 4(4) and 10 of the Leasehold Reform, Housing and Urban Development Act 1993 is that the right to collective enfranchisement cannot be exercised if the building was not a purpose-built block of flats and was converted by its freehold owner into four or fewer flats, one of which has been occupied by that person (or an adult member of his family) as his or her only or main residence for the previous 12 months. Would the right to collective enfranchisement apply to such premises if the freehold was later sold to another person?
The effect of sections 4(4) and 10 of the Leasehold Reform, Housing and Urban Development Act 1993 is that the right to collective enfranchisement cannot be exercised if the building was not a purpose-built block of flats and was converted by its freehold owner into four or fewer flats, one of which has been occupied by that person (or an adult member of his family) as his or her only or main residence for the previous 12 months. Would the right to collective enfranchisement apply to such premises if the freehold was later sold to another person?
Q&As

The final clause of a home-made Will states, 'as regarding to the rest of my belongings, A is quite welcome to have what is there'. The Will appoints A as executor and the only other provisions relate to the deceased's cat and a donation to charity. Does the final clause constitute a gift of the deceased's residuary estate to A?
The final clause of a home-made Will states, 'as regarding to the rest of my belongings, A is quite welcome to have what is there'. The Will appoints A as executor and the only other provisions relate to the deceased's cat and a donation to charity. Does the final clause constitute a gift of the deceased's residuary estate to A?
Q&As

There must be at least two acting trustees to give a valid receipt for the sale proceeds of trust owned land. Where there is only one trustee, common practice is to appoint a second trustee on panel 11 of Form TR1 specifically for the purpose of giving valid receipt for the purchase monies. Provided it is clear on the face of the instrument of appointment that the trustee is being appointed specifically for that purpose, does their appointment cease on completion of the sale or does the appointed trustee have ongoing fiduciary obligations after the sale in relation to trust assets?
There must be at least two acting trustees to give a valid receipt for the sale proceeds of trust owned land. Where there is only one trustee, common practice is to appoint a second trustee on panel 11 of Form TR1 specifically for the purpose of giving valid receipt for the purchase monies. Provided it is clear on the face of the instrument of appointment that the trustee is being appointed specifically for that purpose, does their appointment cease on completion of the sale or does the appointed trustee have ongoing fiduciary obligations after the sale in relation to trust assets?
Q&As

Trustees have been holding the sum of £500K for around two years. Our client is the life tenant and has received no income to date (only capital payments) due to a failure on the Trustees’ part to properly invest funds in accordance with their duties as appointed Trustees. What steps should the Trustees have taken?
Trustees have been holding the sum of £500K for around two years. Our client is the life tenant and has received no income to date (only capital payments) due to a failure on the Trustees’ part to properly invest funds in accordance with their duties as appointed Trustees. What steps should the Trustees have taken?
Q&As

Two parties (A and B) have rights of way over a drive the centre point of which is the boundary between their two properties. Can A build on its side of the drive if that new building encroaches on the right of way, but still affords B sufficient access over the side of the drive owned by A? Is there a de minimis rule or is the mere fact of building an interference with the right of way?
Two parties (A and B) have rights of way over a drive the centre point of which is the boundary between their two properties. Can A build on its side of the drive if that new building encroaches on the right of way, but still affords B sufficient access over the side of the drive owned by A? Is there a de minimis rule or is the mere fact of building an interference with the right of way?
Q&As

W dies first and her estate is valued at £1.3m including non-exempt cash legacies, residue 90% to her husband and 10% to a charity. H dies three months later with an estate valued at £1.4m including non-exempt cash legacies, a cash legacy of 10% of the estate to the charity with residue to the children. H's executors seek to vary his 90% entitlement under the first estate in favour of the children, to avoid taper on RNRBs. As this variation will reduce the gift of 10% to charity, will the charity need to agree to the proposed variation? If so, can H's entitlement be varied to make up for any loss?
W dies first and her estate is valued at £1.3m including non-exempt cash legacies, residue 90% to her husband and 10% to a charity. H dies three months later with an estate valued at £1.4m including non-exempt cash legacies, a cash legacy of 10% of the estate to the charity with residue to the children. H's executors seek to vary his 90% entitlement under the first estate in favour of the children, to avoid taper on RNRBs. As this variation will reduce the gift of 10% to charity, will the charity need to agree to the proposed variation? If so, can H's entitlement be varied to make up for any loss?
Q&As

What are a mortgagee’s options, in the context of multiple breaches of the mortgage conditions, where the registered proprietor of a private charge has taken possession (following possession proceedings) of the security/property, but has not proceeded to then sell the property?
What are a mortgagee’s options, in the context of multiple breaches of the mortgage conditions, where the registered proprietor of a private charge has taken possession (following possession proceedings) of the security/property, but has not proceeded to then sell the property?
Q&As

What are the implications of reducing the term of an NDA from five years to two years?
What are the implications of reducing the term of an NDA from five years to two years?
Q&As

What are the risks of a landlord refusing access to its tenant to the demised premises where the tenant has to cross other land of the landlord’s to reach the premises?
What are the risks of a landlord refusing access to its tenant to the demised premises where the tenant has to cross other land of the landlord’s to reach the premises?
Q&As

What happens if a trustee (A) disclaims their role? Would A’s disclaimer apply retrospectively if all the other trustees had taken action before A? Would the position be any different if the trustee did not expressly disclaim but was deemed to have disclaimed by conduct?
What happens if a trustee (A) disclaims their role? Would A’s disclaimer apply retrospectively if all the other trustees had taken action before A? Would the position be any different if the trustee did not expressly disclaim but was deemed to have disclaimed by conduct?
Q&As

What is the procedure to be followed for a landlord to obtain possession of an assured shorthold tenancy where the tenant has sublet without consent? Would this be the same where there is no written tenancy and the original tenant’s whereabouts are unknown?
What is the procedure to be followed for a landlord to obtain possession of an assured shorthold tenancy where the tenant has sublet without consent? Would this be the same where there is no written tenancy and the original tenant’s whereabouts are unknown?
Q&As

What is the risk to a tenant if the landlord fails to produce an EPC on or before completion of a lease of commercial premises?
What is the risk to a tenant if the landlord fails to produce an EPC on or before completion of a lease of commercial premises?
Q&As

What procedure could be used to remove a family member from his mother’s home in order for it to be sold with vacant possession. He does not pay rent?
What procedure could be used to remove a family member from his mother’s home in order for it to be sold with vacant possession. He does not pay rent?
Q&As

When filing an acknowledgment of service to a probate claim, and there are multiple defendants, and none of the defendants wish to defend the claim, do they still have to file a witness statement annexing testamentary documents? Does each individual defendant have to sign a separate witness statement or can a collective witness statement be signed if all the defendants are represented by the same firm? What are the sanctions for a defendant failing to file a witness statement with testamentary documents if they do not intend to defend the claim?
When filing an acknowledgment of service to a probate claim, and there are multiple defendants, and none of the defendants wish to defend the claim, do they still have to file a witness statement annexing testamentary documents? Does each individual defendant have to sign a separate witness statement or can a collective witness statement be signed if all the defendants are represented by the same firm? What are the sanctions for a defendant failing to file a witness statement with testamentary documents if they do not intend to defend the claim?
Q&As

When is a document deemed served, for the purposes of a case within the First-Tier Tribunal (Property Chamber)? Do the provisions of the Civil Procedure Rules apply, and if so, what is the authority?
When is a document deemed served, for the purposes of a case within the First-Tier Tribunal (Property Chamber)? Do the provisions of the Civil Procedure Rules apply, and if so, what is the authority?
Q&As

When it comes to applying for probate, should a personal representative who questions the validity of the Will and believes the last Will is invalid, when cited to take or refuse probate, accept probate and apply for it in their name, or should they refuse probate?
When it comes to applying for probate, should a personal representative who questions the validity of the Will and believes the last Will is invalid, when cited to take or refuse probate, accept probate and apply for it in their name, or should they refuse probate?
Q&As

Other Work
Question of the week: Where an unopposed application for rectification of a Will is being made and one of the beneficiaries who needs to consent is a minor, does a litigation friend need to be appointed who will then need to instruct a solicitor to obtain a Counsel's Opinion, followed by an infant approval order? Or can the executor (who is also a beneficiary) consent to the rectification and bind all the beneficiaries to the rectification/agreement for rectification?
Question of the week: Where an unopposed application for rectification of a Will is being made and one of the beneficiaries who needs to consent is a minor, does a litigation friend need to be appointed who will then need to instruct a solicitor to obtain a Counsel's Opinion, followed by an infant approval order? Or can the executor (who is also a beneficiary) consent to the rectification and bind all the beneficiaries to the rectification/agreement for rectification?

This Q&A considers the procedure for rectifying a Will where there are minor beneficiaries.

Question of the week: Who should apply for a grant in the estate of a deceased individual who has died intestate while living in the Philippines and leaving no spouse but two minor issue and leaving only limited UK assets (none in the Philippines) and where the deceased was a beneficiary of their late mother's estate?
Question of the week: Who should apply for a grant in the estate of a deceased individual who has died intestate while living in the Philippines and leaving no spouse but two minor issue and leaving only limited UK assets (none in the Philippines) and where the deceased was a beneficiary of their late mother's estate?

This Q&A sets out the issues to consider in terms of who may apply for a grant of representation where an individual has died while living abroad but where otherwise all connections are to the UK.

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