Sherrards recently successfully defended the Smart Diner Group Limited in an unfair prejudice case brought by a shareholder who had also previously been a director and employee of the company. He claimed his removal from the company along with the dilution of his shareholding to below 25% amounted to prejudice. Chief Registrar Briggs dismissed the petition in its entirety and found that the actions of the remaining six directors were in no way prejudicial.
A number of employment claims, originally brought in an employment tribunal, were combined with the unfair prejudice case but all were withdrawn during the course of proceedings with the exception of a claim for wrongful dismissal. Registrar Briggs also dismissed the wrongful dismissal claim, handing down his judgment on 6 December after a 7 day trial in November.
Smart Diner Group is behind the famous Hardens Restaurant Guide, referred to by the Evening Standard as the ‘Gastronome’s bible’.
Commenting on the judgment Gemma Newing, senior associate at Sherrards said “the Judgment was a resounding triumph for my clients in a case which was both lengthy and involved a number of complex issues including determining whether the relationship of the parties amounted to a quasi-partnership”.