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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20045
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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hi Law I need more helpWeve since sent the letter out

Customer Question

hi Law I need more help

We've since sent the letter out and I think she gets the message. Additionally I found out that a 2-year appointment would have required an S20 consultation which did not happen.

However one of the directors who is connected to the managing agent is now threatening to collect signatures for an EGM or AGM to seek to overturn our decision even though that should be a petition to the directors. He feels that he has a veto power over the majority vote, and can collect signatures without meeting the procedural standard of applying to the directors, and allowing the directors to vote on the resolution to be presented to the EGM / AGM. Obviously he is benefiting from the relationship. I would like to know if we can apply to court for an urgent hearing to prevent this travesty or if we have other legal options. thanks
Submitted: 11 months ago.
Category: UK Law
Expert:  Stuart J replied 11 months ago.

He can do what he likes.

An EGM must be called by at least 10% of voting shareholders or the directors. There must be proposals and venue for meeting on 21 days notice sent in the usual way otherwise anything decided isn't lawful. Then if they seek to implement that, you then apply to court.

TBH I would get a solicitor to warn him off doing anything except by correct procedure ASAP

Customer: replied 11 months ago.


We have decided to go to court today to obtain an injunction against him because he has already began to speak to other shareholders, spreading false information and deliberately undermining our integrity. How should we do this?

Expert:  Stuart J replied 11 months ago.

Injunction is done on form N16A. Fee is £175. You have to warn him to stop immediately.

If you attach cert of urgency explaining why this is urgent (a letter) it can be in court in days rather than weeks for an interim order pending full hearing

Customer: replied 11 months ago.


What to put in the Claim Form and what is the statutory provision? does the human rights question apply?

Expert:  Stuart J replied 11 months ago.

No HR issues

Just tick Part 8 box

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20045
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Law Specialists are ready to help you
Customer: replied 10 months ago.


Hello I need additional assistance on this matter.


 


We did apply for an injunction but without the certificate of urgency. The hearing is scheduled for December.


 


But now that dissenting director has in fact gone ahead to with an unlawful AGM. They claim to have voted us out, and voted in new directors including himself. We know it is unlawful and I need some assistance on the form of words to use to announce to all leaseholders that it was unlawful.

Expert:  Stuart J replied 10 months ago.
Initially, you wanted an injunction to stop the meeting going ahead.
The meeting has now gone ahead and you are of the opinion that it was held unlawfully and the outcome is unlawful.
You therefore require a different order and that is a determination of the above, and an order that the meeting is reconvened.
It is a different form, N244

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

you need to get the proceedings that you have in progress stayed and make a further application.
I would write to the court explaining all of that (without going into fine details) and asking for the documentation to be put in front of a judge at the earliest opportunity and explaining exactly what has happened and asking them to allocate the fee from the initial application to the new application.
Let me tell you now that this is not a task to be undertaken lightheartedly because you are going to have to put together copious documentation, witness statements, etc etc. It would really be better entrusted to a solicitor if you do not have experience of this.
Customer: replied 10 months ago.


Could we not just ask the court to overturn the outcome of the AGM?

Expert:  Stuart J replied 10 months ago.
That is what you are doing but you word it slightly differently because the court has to be satisfied that the AGM was not properly held before it does that.
It "determines" the matter.
Customer: replied 10 months ago.


Could I instruct you to assist us please? This is a travesty of justice that's being perpetrated

Expert:  Stuart J replied 10 months ago.

I am sorry but we are specifically precluded from taking instructions from here.

This is likely to need some face-to-face meetings so you would be better finding a local firm.

Customer: replied 10 months ago.


Thank you very much. But before you go, could you help with the form of words to announce to all leaseholders that the meeting was unlawful and that any motions passed were invalid. Thanks

Expert:  Stuart J replied 10 months ago.
Do make sure that you don’t put anything in the letter which could be construed as being defamatory.
You can say that in your opinion, the recently held AGM was not held in accordance with statutory requirements and therefore was a lawful and any motions passed therein have been passed illegally.
Say that you are seeking legal advice with a view to getting the matter determined by the court.
I don’t think it needs to be any more specific than that, although to be honest, I think there is actually no need to tell the leaseholders
Customer: replied 10 months ago.


Thank you very much. You are the best

Expert:  Stuart J replied 10 months ago.
I do try and I am glad to help.

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