Short answer
For unfair prejudice advice, prepare the company constitution, shareholder agreement, ownership records, board and shareholder decisions, financial material, correspondence and a chronology showing the conduct complained of. A barrister may then advise on evidence, remedies, drafting or hearing strategy where suitable.
Quick checklist
Start with these
Best order
How to organise the first pack
- Start with the company structure and ownership position.
- List the conduct said to be unfair in date order.
- Add documents showing impact on value, management or information rights.
- Separate urgent injunction concerns from longer-term buyout issues.
- Confirm whether a solicitor is already instructed or litigation conduct is needed.
Show The Company Framework
Unfair prejudice concerns depend heavily on the company documents and the relationship between shareholders, directors and the company. A first pack should make the structure clear before moving to allegations.
- Articles of association and amendments.
- Shareholder agreement, investment agreement or side letters.
- Companies House records, cap table and share transfer documents.
- Board role, employment or service agreement if relevant.
- Relevant policies, reserved matters or consent rights.
Identify The Conduct Complained Of
A barrister will usually need a precise chronology. Broad complaints about unfairness are harder to assess unless linked to decisions, documents and consequences.
- Exclusion from management or information.
- Misuse of company assets, opportunities or funds.
- Improper allotments, transfers or dilution concerns.
- Board deadlock, removal or conflict allegations.
- Dividend, salary, valuation or buyout disputes.
Prepare Remedy And Risk Papers
The appropriate route may involve negotiation, mediation, an unfair prejudice petition, injunction issues, a buyout or another company-law remedy. The guide pack should not assume the answer before advice is given.
- Proposed remedy, buyout position or settlement correspondence.
- Valuation material, accounts and management information.
- Draft petition, letters before action or application papers.
- Urgent dates, asset movement concerns and limitation points.
- Any existing solicitor advice or procedural timetable.
Avoid delays
What not to send first
- Leaving out the articles or shareholder agreement.
- Combining director-duty issues and shareholder remedies without explaining roles.
- Making remedy assumptions without valuation or company documents.
Source/review note: unfair prejudice petitions, derivative claims, director duties, injunctions and company procedure require specialist review against current Companies Act provisions, Civil Procedure Rules and company documents before publication.
Editorial status: source and legal review required. No completed legal review is claimed.
Unfair Prejudice Petition Barrister Evidence Guide FAQs
Can a barrister draft an unfair prejudice petition?
A commercial barrister may draft or review petition documents where the work is suitable and properly scoped. Complex litigation may also require solicitor support.
What documents matter most?
The articles, shareholder agreement, ownership records, board papers, financial records and correspondence showing the alleged unfair conduct are usually central.
Can Direct Access work for shareholder disputes?
Some advice, drafting and advocacy may be suitable for Direct Access. Suitability depends on complexity, urgency and whether litigation conduct or solicitor support is needed.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
