| 释义 |
just and equitable winding-up
A compulsory winding-up on grounds of fairness under the Insolvency Act 1986 (s 122 (1) (g)). This may occur, for example, when the purpose of the company cannot be achieved, when the management is deadlocked or has been guilty of serious irregularities, or, in small companies run on the basis of mutual trust between members, when the majority have exercised their legal rights in breach of a common understanding between the members when the company was formed (Ebrahimi v Westbourne Galleries Ltd [1973] AC 360 (HL); Re Yenidje Tobacco Co Ltd [1916] 2 Ch 426). No order will be made if another form of minority protection would be more appropriate (Insolvency Act s 125 (2)); this might, for example, be relief for unfair prejudice under the Companies Act 2006 (s 994–96). See also unfair prejudice. |