In a judgment handed down on 26 June 2023 in Krishna v Gowrie and others [2023] EWHC 1538 (Ch) Adam Johnson J granted the petitioner’s S.994 / unfair prejudice petition.
Krishna brought an unfair prejudice petition and a Part 7 claim against eight Respondents / Defendants. The 8th Respondent / Defendant is a joint venture company set up by Krishna and Gowrie as a pharmaceutical distribution business in 2010.
Following a trial over 7 weeks, the Court held that the Petitioner’s interests had been unfairly prejudiced, including by the diversion of assets from and stripping of business out of the joint venture company. The Judge also found that a shareholders’ agreement had been procured by a fraudulent misrepresentation, which the Second Respondent had since sought to conceal by forging bank statements.
A copy of the decision can be found here.
Iain Quirk KC and Freddie Onslow acted (with Robert Winspear) for the Petitioner, instructed by Gordon Adam and Stephen Nelson of McCarthy Denning LLP.
