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In the matter of Mitt Wearables Limited [2023] EWHC 1800 (Ch)

Posted: 05/03/2024

William Clerk acted for the successful Respondent company (instructed by Rebekah Parker, Laytons ETL) in this s.994 / unfair prejudice petition, presented by a dismissed co-founder of an innovative start-up company manufacturing a new form of prosthetic upper-limbs.

The petition was dismissed in full following a two-week trial before ICC Judge Prentis in May 2023 – with permission to appeal refused in February 2024.

The case contains a useful examination of the principles relating to the removal of directors from companies and the interplay between employment law and company law, including findings of gross misconduct and the operation of bad leaver provisions in a company’s constitution.

The Judgment is available here.

Authors

William Clerk

Call: 2012

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