In THG plc v Zedra Trust Company (Jersey) Ltd [2026] UKSC 6, by a majority of four to one, the Supreme Court concluded that no limitation period applies to claims under section 994 Companies Act 2006 (CA 2006).
Allowing Zedra’s appeal, the majority of the Supreme Court (Lord Hodge and Lord Richards, with whom Lord Briggs and Lord Lloyd-Jones agreed) held that a section 994 CA 2006 claim is neither an “action upon a specialty” under section 8 Limitation Act 1980 (LA 1980) nor, as regards any claim for monetary relief, an “action to recover any sum recoverable by virtue of any enactment” under section 9 LA 1980.
Lord Burrows, dissenting, approved of the Court of Appeal’s approach and considered that a section 994 CA 2006 unfair prejudice petition is an “action upon a specialty” and are therefore subject to a 12-year limitation period under section 8 LA 1980 unless a shorter period is prescribed by section 9 LA 1980.
Read the full judgment here.
