Cool appeal win for Ely Place silk

Nicholas Stewart QC has scored a double appeal win in the Court of Appeal on his client’s section 994 unfair prejudice petition. The case concerns a private company Below Zero London Ltd, which runs Ice Bar London – a bar in the West End made entirely of ice. Nicholas was brought into the case for the appeal, instructed by Bookers & Bolton. The Court of Appeal have restored significant parts of the petition struck out at first instance and have dismissed the respondents’ cross-appeal to strike out the whole petition. The report Graham v Every [2014] EWCA Civ 191 is at http://www.bailii.org/ew/cases/EWCA/Civ/2014/191.html Among other points, the Court of Appeal (Arden, McCombe and Vos LJJ) accepted Nicholas Stewart’s submission that although on its own, non-compliance with a pre-emption agreement for the sale of shares in the company would not be an act which amounted to the conduct of the company’s affairs within section 994(1), in the wider circumstances it could have that effect.