ARTICLE
10 March 2023

Companies - Just And Equitable Winding Up

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Collas Crill

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Collas Crill is an offshore law firm with offices in Bermuda, BVI, Cayman, Guernsey, Jersey and London. We deliver a comprehensive range of legal services to clients across banking and finance, corporate, dispute resolution, funds, insolvency and restructuring, private client and trusts, real estate and regulatory. Our clients include some of the world’s leading international businesses, trusts and funds, and high-net-worth individuals and families across the globe. We continue to build a network of independent and trusted partners around the world including the Caribbean, the Channel Islands, the UK, Europe, the Americas and MENA.
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...
Jersey Corporate/Commercial Law
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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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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