An analysis of your shareholding in a private limited company is not as simple as percentage held equals proportion of power. There are key thresholds which must be borne in mind when gauging how much power a shareholder really wields in a company.
An insurance contract being a contract of “the utmost good faith” the insured must disclose to the insurer all “material” facts (and not misrepresent material facts). In deciding what is material a statutory definition says “every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or determining whether he will take the risk”.
In a recent case of particular interest to developers, William Old International Limited v Arya, a developer was given by a neighbouring landowner the standard legal right to lay service media across the neighbour’s land.
The landlord is entitled to consider the financial strength of a proposed assignee. In a recent case Royal Bank of Scotland v Victoria Street (No 3) Limited RBS wanted to assign a lease due to expire in three years’ time.