THE shape of the unfair prejudice remedy–sections 459–461 of the Companies Act 1985–owes much to the influence of Lord Hoffmann, for throughout his judicial career he has played a leading role in the remedy's development (see, e.g., Re a Company  B.C.L.C. 376 and Re Saul D. Harrison & Sons plc  1 B.C.L.C. 14 (C.A.)). In Re a Company (No. 00709 of 1992)  1 W.L.R. 1092 (O' Neill v. Phillips), the House of Lords considered sections 459–461 for the first time. In a strong, wide-ranging judgment, Lord Hoffmann delivered the opinion of the House. By reasserting the remedy's contractual focus, he sought to bring greater certainty to its operation; in so doing, he signals a restriction in the remedy's ambit.
|Number of pages||4|
|Journal||Cambridge Law Journal|
|Publication status||Published - Nov 1999|