| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 167 (May) |
| Neutral Citation: | [2008] EWHC 1054 (Ch) |
| Court: | Chancery Division |
| Judge: | Norris J |
| Representation | Mark Cunningham QC and Andrew Westwood (instructed by the Treasury Solicitor) for the claimant. |
| David Chivers QC and Phillip Gillyon (instructed by Eversheds) for the defendant. | |
| Judgment Dates: | 14 May 2008 |
Catchwords
Company - Compulsory winding up - Just and equitable - Public interest - Petition by Secretary of State - Secretary of State taking view that expedient in public interest that company be wound up - Company giving undertakings to court - Whether undertakings should be accepted - Whether company should be wound up - Consideration of relevant evidence.
The Case
On the Secretary of State's petition for the winding up of a company pursuant to s 124A of the Insolvency Act 2006, the petition was dismissed on condition that certain undertakings were given to the court in respect of the future operation of the company in circumstances where having considered the totality of the evidence, it would not be just and equitable for the company to be wound up.
Practice Areas
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