March 21, 2022
The High Court has given judgment in Kumar v Sharma [2022] EWHC 612 (Ch), where Hossein Sharafi represented the successful applicant in an application to continue a freezing injunction in support of an unfair prejudice petition. The judgment confirms that the Court has jurisdiction to make a freezing order against an individual respondent to an unfair prejudice petition, departing from the previous decision of the High Court in Re Premier Electronics GB Ltd [2002] BCC 911. The judgment also provides a useful legal guidance as regards:
- How standing to present an unfair prejudice petition is determined where a company has no register of members.
- The circumstances in which an event causing no financial loss will constitute unfair prejudice.
- The extent to which a freezing order should apply to jointly owned assets.
Download the judgment.
