“…a declaration as to the insured’s liability” to the third party. Mr Watson drew my attention to Fulham FC (1987) Ltd v. Sir David Richards [2011] EWCA Civ 855, [2012] Ch 333. The Court of Appeal upheld Vos J’s decision staying Fulham’s “unfair prejudice” petition under section 994 of the Companies Act 2006, to enable that dispute t…”
“…In Fulham Football Club (1987) Ltd v Sir David Richards [2012] Ch 333 Patten LJ (with whom Rix and Longmore LJJ agreed, so far as material for present purposes) said at [41]:-…”
“… the terms of section 1028(3) of the 2006 Act nor by public policy. There is a close analogy to Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855, [2012] Ch 333, where arbitration was held to be available in the context of a petition for relief under section 994 of the 2006 Act. That case shows that the fact that a sta…”
“…d (b) derive from statements by the judge made in the context of citations by him from the judgment of Patten LJ in Fulham Football Club (1987) Ltd. v Richards [2012] Ch. 333. The first passage cited was a summary of sections 994996 of the 2006 Act, dealing with the jurisdiction to relieve against unfair prejudice. The judge preface…”