Hamilton & Dowers v Brown & C&MB Holdings Ltd

Reference

Date

08 Feb 2016

Court

Facts

Unfair prejudice petition – Just & Equitable Winding-Up petition –  Shares vesting in trustees in bankruptcy

Jonathan Lopian represented the first respondent at the trial of an unfair prejudice and just and equitable winding-up petition issued by bankruptcy trustees against the bankrupt’s wife, the director and co-shareholder of the second respondent. New and interesting points of law on:

• the locus of bankruptcy trustees to present a just and equitable winding up petition where they have been registered as members for less than the six-month period required by s.124(2)(b) Insolvency Act 1986, and 
• whether the involvement of the bankrupt in the affairs of the company was a ground for relief under s.994 Companies Act 2006

Comment

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Penderlaw was the instructing solicitor