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As per case facts, the plaintiff filed a Commercial Suit seeking declarations regarding Shareholders' Agreements and a perpetual injunction, along with an application for exemption from mandatory pre-litigation mediation under
...the Commercial Courts Act, citing urgent interim relief needs. The Commercial Court granted this exemption, leading to the defendants appealing to the High Court. The defendants argued that the plaintiff's purported urgency was belied by earlier awareness of the underlying transaction and therefore mediation should have been compulsory. The High Court, however, noted the plaintiff's limited knowledge, lack of transparency from defendants, and refusal to provide assurances regarding changes in shareholding. The question arose whether the Commercial Court erred in granting exemption from mandatory pre-institution mediation, considering the plaintiff's alleged delay in seeking relief. Finally, the High Court held that the Commercial Court correctly assessed the plaintiff's genuine urgency for interim protection, as the defendants' actions threatened irreversible injury to the plaintiff's shareholding rights and corporate governance structure. Section 12A of the CCA is meant to filter non-urgent suits, not to impede cases requiring timely relief, and the Commercial Court's order correctly recognized the element of justifiability in the urgency presented by the plaintiff.
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