Peter Wilkinson, West Coast Capital (WCC) and Chris Gorman were respectively 40%, 25% and 25% shareholders in The Gadget Shop. Wilkinson, Gorman and Jim McMahon of WCC were directors of The Gadget Shop. While they were shareholders and directors, WCC and Gorman purchased cards retailer Birthdays through a corporate vehicle.
Wilkinson issued an unfair prejudice petition under section 459 of the Companies Act 1985, for an order that WCC and Gorman purchase his shares in The Gadget Shop, claiming that the acquisition should have been made by The Gadget Shop because:
