Case No. CL-2019-000290

59.The claim for unfair prejudice relied upon by EIGL is one which is available under the Companies (Jersey) Law 1991. Article 141 of the 1991 Law provides that a member of a company may apply to the court for an order under Article 143: “on the ground that the company’s affairs are being or have been conducted in a manner which is unfairly prejudicial to the interest of its members generally or of some part of its members (including at least the member)”. 60.Article 143 provides that if the court is satisfied that the application is well-founded, “it may make such order as it thinks fit for giving relief in respect of the matters complained of”. Without prejudice to the generality of that power, Article 143(2) gives illustrations of the orders the court may make. These included powers to: “(c) authorise civil proceedings to be brought in the name and on behalf of the company by such person or persons and on such terms as the court may direct; and (d) provide for the purchase of the rights of any members of the company by other members or the company itself and, in the case of a purchase by the company itself, the reduction of the company’s capital accounts accordingly”. 61.As the parties acknowledged, the terms of Articles 141 and 143 are substantially identical to those of ss.994 and 996 Companies Act 2006, and neither party suggested that there was any material difference between Jersey and English law so far as the issue was concerned.