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Companies - just and equitable winding up

Lynne Calder, Of Counsel in the Jersey Dispute Resolution team, was appointed by the Royal Court of Jersey as Amicus Curiae in a case involving an application for the winding up of a company on the "just and equitable" basis under Article 155 of the Companies (Jersey) Law 1991.

It was an unusual case in that it was in respect of a solvent company. There was said to be a loss of confidence on the part of the minority shareholder in the probity and impartiality of the majority shareholder, the latter also being the only director.

The application was granted, this case being another example of the Court's flexible approach to applications of this type in the ever-changing landscape of insolvency law on the island.

Read the full judgment online here or download it as a PDF.



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